Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).
Title: amended, on 1 May 1981, by section 2 of the Summary Proceedings Amendment Act 1980 (1980 No 84).
Title: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

1 Short Title and commencement

(1) This Act may be cited as the Summary Proceedings Act 1957.

(2) This Act shall come into force on 1 April 1958.

2 Interpretation

(1) In this Act, unless the context otherwise requires,—

adjudged includes ordered
bank—
- (a) means—
  - (i) a person carrying on in New Zealand the business of banking; and
  - (ii) a credit union within the meaning of the Friendly Societies and Credit Unions Act 1982; and
  - (iii) a building society within the meaning of the Building Societies Act 1965; but
- (b) does not include the Reserve Bank of New Zealand established under the Reserve Bank of New Zealand Act 1989 (except in relation to an account maintained by that bank for an employee of the bank)
benefit—
- (a) means a benefit within the meaning of Part 1 of the Social Security Act 1964; but
- (b) does not include—
  - (i) an orphan's benefit payable under section 28 of the Social Security Act 1964; or
  - (ii) an unsupported child's benefit payable under section 29 of that Act; or
  - (iii) a child disability allowance payable under section 39A of that Act; or
  - (iv) temporary additional support under section 61G of that Act or a special benefit continued under section 23 of the Social Security (Working for Families) Amendment Act 2004; or
  - (v) a disability allowance payable under section 69C of that Act
committal for trial means committal to the High Court or a District Court under section 184N

constable has the meaning given in section 4 of the Policing Act 2008

conviction includes an order; and convicted has a corresponding meaning

court means a District Court constituted under the District Courts Act 1947

court nearest to the committing court or any similar expression, includes, in relation to a District Court, any such court presided over by a trial Judge sitting at the same place as the committing court

Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002
defendant means any person charged with an offence; and includes—
- (a) any person against whom an order is sought in proceedings commenced by way of complaint; and
- (b) any person on whom a notice of prosecution has been served pursuant to section 20A; and
- (c) in relation to an infringement offence for which an infringement notice has been issued, any person served with a reminder notice in respect of the offence, or any person who gives notice requesting a hearing in respect of the offence, pursuant to section 21; and
- (d) a Crown organisation, if proceedings are brought against that organisation for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002
indictable offence means any offence for which the defendant may be proceeded against by indictment:

provided that an offence shall not be deemed to be an indictable offence solely because under section 66 the defendant could elect to be tried by a jury
informant means the person by whom an information is laid; and includes—
- (a) in respect of any charge where an information has not been laid, the person responsible for bringing the charge; and
- (b) a person who files a notice of prosecution pursuant to section 20A(2); and
- (c) in relation to an infringement offence for which an infringement notice has been issued, the department, local body, or other authority in or by which the officer or employee who issued the notice was employed
infringement fee, in relation to an infringement offence, means the amount fixed as the infringement fee for the offence by or under the Act under which the offence is created
infringement notice means a notice issued under—
- (a) [Repealed]
- (b) section 14 of the Litter Act 1979; or
- (ba) section 41B of the Financial Reporting Act 1993; or
- (c) section 32A of the Weights and Measures Act 1987; or
- (ca) section 57C of the Gas Act 1992; or
- (d) section 58 of the Civil Aviation Act 1990; or
- (da) section 129 of the Plumbers, Gasfitters, and Drainlayers Act 2006; or
- (e) section 159 or section 159A of the Biosecurity Act 1993; or
- (f) section 66 of the Dog Control Act 1996; or
- (fa) section 165B of the Electricity Act 1992; or
- (fb) [Repealed]
- (g) section 139 of the Land Transport Act 1998; or
- (h) section 260A of the Fisheries Act 1996; or
- (i) section 162 of the Animal Welfare Act 1999; or
- (j) section 357 of the Gambling Act 2003; or
- (k) any provision of any other Act providing for the use of the infringement notice procedure under section 21
infringement offence means any offence under any Act in respect of which a person may be issued with an infringement notice

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

Police employee has the same meaning as in section 4 of the Policing Act 2008

Registrar means the Registrar of a court; and includes any Deputy Registrar

representative, in relation to a corporation, means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this Act authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before the court for any other purpose

sentenced to detention includes sentenced to imprisonment or borstal training or detention in a detention centre; and sentence of detention has a corresponding meaning

summary offence means any offence for which the defendant may not, except pursuant to an election made under section 66, be proceeded against by indictment; and, where the enactment creating an offence expressly provides that it may be dealt with either summarily or on indictment, includes such an offence that is dealt with summarily

trial Judge, in relation to a District Court, means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment.
(2) A representative of a corporation need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this Act shall be admissible without further proof as prima facie evidence that that person has been so appointed.

Compare: 1936 No 58 s 42(6), (7)

Section 2(1) bank: inserted, on 1 November 1998, by section 2 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 2(1) benefit: inserted, on 1 November 1998, by section 2 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 2(1) benefit paragraph (b)(iv): replaced, on 1 April 2006, by section 21 of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 2(1) committal for trial: inserted, on 1 May 1981, by section 3(1) of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 2(1) committal for trial: amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 2(1) constable: replaced, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) court: amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).

Section 2(1) court: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 2(1) court nearest to the committing court: inserted, on 1 May 1981, by section 3(2) of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 2(1) Crown organisation: inserted, on 18 October 2002, by section 29(1) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 2(1) defendant: replaced, on 1 November 1981, by section 15(1) of the Transport Amendment Act 1980 (1980 No 96).

Section 2(1) defendant paragraph (c): replaced, on 1 November 1987, by section 2(1) of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 2(1) defendant paragraph (c): amended, on 18 October 2002, by section 29(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 2(1) defendant paragraph (d): inserted, on 18 October 2002, by section 29(2) of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 2(1) informant: replaced, on 1 November 1981, by section 15(1) of the Transport Amendment Act 1980 (1980 No 96).

Section 2(1) informant paragraph (c): replaced, on 1 November 1987, by section 2(2) of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 2(1) informant paragraph (c): amended, on 1 July 1991, by section 21 of the Weights and Measures Amendment Act 1991 (1991 No 9).

Section 2(1) infringement fee: inserted, on 1 November 1987, by section 2(3) of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 2(1) infringement notice: replaced, on 1 July 1996, by section 79 of the Dog Control Act 1996 (1996 No 13).

Section 2(1) infringement notice paragraph (a): repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 2(1) infringement notice paragraph (ba): inserted, on 18 June 2007 (applying in respect of accounting periods that commence after that date), by section 22(2) of the Financial Reporting Amendment Act 2006 (2006 No 64).

Section 2(1) infringement notice paragraph (ca): inserted, on 4 May 2010, by section 18 of the Gas Amendment Act 2006 (2006 No 71).

Section 2(1) infringement notice paragraph (da): inserted, on 1 April 2010, by section 185 of the Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74).

Section 2(1) infringement notice paragraph (e): replaced, on 7 May 1999, by section 6 of the Biosecurity Amendment Act 1999 (1999 No 29).

Section 2(1) infringement notice paragraph (f): replaced, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (fa): replaced, on 1 April 2010, by section 43 of the Electricity Amendment Act 2006 (2006 No 70).

Section 2(1) infringement notice paragraph (fb): repealed, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (g): replaced, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (h): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (i): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (j): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement notice paragraph (k): inserted, on 9 October 2006, by section 4 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 2(1) infringement offence: inserted, on 1 November 1987, by section 2(3) of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) minor traffic offence: repealed, on 1 November 1987, by section 2(4) of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 2(1) Police employee: inserted, on 13 February 2012, by section 4 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 2(1) sentenced to detention: amended, on 23 November 1973, by section 2 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 2(1) trial Judge: inserted, on 1 May 1981, by section 3(3) of the Summary Proceedings Amendment Act 1980 (1980 No 84).

3 Application of certain provisions of Crimes Act 1961

(1) The following provisions of the Crimes Act 1961, as far as they are applicable and with the necessary modifications, shall apply to summary proceedings under this Act (whether in respect of summary offences or in respect of indictable offences dealt with summarily), namely:
- (a) Part 1 (which relates to jurisdiction), except section 8:
- (b) section 13 (which preserves the powers of courts under other Acts):
- (c) section 17 (which prohibits a sentence of solitary confinement):
- (d) Part 3 (which relates to matters of justification or excuse):
- (e) Part 4 (which relates to parties to the commission of offences), except sections 68 and 69:
- (f) section 314 (which prescribes the procedure where prior consent to a prosecution is required):
- (g) sections 315 and 316 (which relate to arrests):
- (h) [Repealed]
- (i) [Repealed]
- (j) sections 357 to 360 (which relate to the special pleas of previous acquittal, previous conviction, and pardon):
- (jj) section 366A (which contains a prohibition on the making of unsworn statements of fact by accused persons):
- (k) [Repealed]
- (l) section 376 (which relates to the presence of an accused person):
- (m) section 400 (which relates to the consent of the Attorney-General in certain proceedings):
- (n) section 403 (which relates to the power of the court to order payment of compensation):
- (o) section 404 (which relates to restitution of property):
- (p) section 405 (which relates to the preservation of civil remedies):
- (q) section 406 (which relates to the prerogative of mercy):
- (r) section 407 (which defines the effect of a free pardon).
(2) In addition to the provisions specified in subsection (1), the following provisions of the Crimes Act 1961, as far as they are applicable and with the necessary modifications, shall apply to the summary trial of indictable offences under this Act, namely:
- (a) sections 2 and 4 (interpretation):
- (b) section 8 (which relates to jurisdiction in respect of crimes on ships and aircraft beyond New Zealand):
- (c) section 69 (which relates to parties to certain crimes outside New Zealand):
- (d) such of the provisions of Parts 5 to 8 and Parts 10 and 11 as relate to any of the indictable offences in respect of which a District Court Judge has jurisdiction under section 6:
- (e) sections 337 and 338 (which relate to the proof of an attempt when a crime is charged and the proof of a crime when an attempt is charged):
- (f) section 344 (which relates to accessories after the fact and receivers).
Section 3: replaced, on 1 January 1962, by section 2 of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 3(1)(h): repealed, on 1 October 2012, by section 337(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 3(1)(i): repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 3(1)(jj): inserted, on 23 November 1973, by section 3(1) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 3(1)(k): repealed, on 1 August 2007, by section 215 of the Evidence Act 2006 (2006 No 69).

Section 3(2)(d): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Part 1
Criminal jurisdiction of District Court

Part 1 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

4 Summary criminal jurisdiction of court

The summary criminal jurisdiction of a District Court must be exercised in accordance with this Act—
- (a) by a District Court Judge; or
- (b) by 1 or more Justices; or
- (c) by 1 or more Community Magistrates.
Section 4: replaced, on 30 June 1998, by section 2(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

5 Jurisdiction in relation to committal for indictable offences

(1) A court presided over by a District Court Judge or by 2 or more Justices or by 1 or more Community Magistrates has jurisdiction to conduct the committal proceedings (including a standard committal, a committal hearing (if required), and proceedings under section 158, 180, or 181) for an indictable offence.

(2) Unless the proceedings are in the Youth Court, a court presided over by a District Court Registrar has jurisdiction to conduct a standard committal for an indictable offence.

(3) Subsections (1) and (2) are subject to section 185B.

Section 5: replaced, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

6 Summary jurisdiction in respect of indictable offences

(1) A court presided over by a District Court Judge shall have summary jurisdiction in respect of the indictable offences described in the enactments specified in Schedule 1, and proceedings in respect of any such offence may accordingly be taken in a summary way in accordance with this Act.
(2) A court presided over by a District Court Judge shall have summary jurisdiction in respect of the following indictable offences, and proceedings in respect of any such offence may accordingly be taken in a summary way in accordance with this Act, namely—
- (a) conspiring to commit any indictable offence to which subsection (1) applies (being a conspiracy to which section 310 of the Crimes Act 1961 applies):
- (aa) conspiring to commit any summary offence (being a conspiracy to which section 310 of the Crimes Act 1961 applies):
- (b) attempting to commit any indictable offence to which subsection (1) applies, or inciting, counselling, or attempting to procure any person to commit any such offence which is not committed (being any case to which section 311 of the Crimes Act 1961 applies):
- (bb) attempting to commit any summary offence, or inciting, counselling, or attempting to procure the commission of a summary offence which is not committed (being any case to which section 311 of the Crimes Act 1961 applies):
- (c) being accessory after the fact to any indictable offence to which subsection (1) applies (being any case to which section 312 of the Crimes Act 1961 applies).
(3) Despite this section, a court does not have summary jurisdiction in respect of a stage-3 offence (within the meaning of section 86A of the Sentencing Act 2002).

Compare: 1952 No 41 s 2

Section 6(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 6(2): replaced, on 1 January 1962, by section 3(1) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 6(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 6(2)(aa): inserted, on 23 November 1973, by section 4(1) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 6(2)(bb): inserted, on 23 November 1973, by section 4(2) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 6(3): inserted, on 1 June 2010, by section 13 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

7 Maximum penalty on summary conviction for indictable offence

(1) Subject to subsection (2), where any person is summarily convicted of an offence mentioned in section 6, the court may sentence that person—
- (a) to imprisonment for a term not exceeding 5 years; or
- (b) to a fine not exceeding,—
  - (i) the maximum amount prescribed by law; or
  - (ii) if no maximum amount is so prescribed, $10,000,—
or to both.
(2) No person shall be sentenced pursuant to subsection (1) in respect of an indictable offence—
- (a) to a term of imprisonment exceeding the maximum term of imprisonment that could have been imposed if the person had been convicted of the same offence on indictment; or
- (b) to pay a fine exceeding in amount the maximum fine that could have been imposed if the person had been convicted of the same offence on indictment; or
- (c) to a term of imprisonment if on conviction of the same offence on indictment the person could not have been sentenced to imprisonment.
Section 7: replaced, on 2 September 1996, by section 2 of the Summary Proceedings Amendment Act (No 2) 1996 (1996 No 146).

8 Other jurisdictions and powers not affected

(1) Nothing in this Part shall limit in any way—
- (a) the right to proceed against any person under Part 5 of this Act or under subsection (3) of section 345 of the Crimes Act 1961:
- (b) the jurisdiction and powers of any District Court under Part 5 where any charge is made against any person under that Part:
- (c) the jurisdiction and powers of the High Court or a District Court in relation to any indictable offence or in relation to any offence in respect of which the accused elects to be tried by a jury or in relation to an offence that a District Court declines to deal with summarily under Part 2:
- (d) the jurisdiction and powers of any District Court in respect of any indictable offence for which the offender may be tried in a summary way independently of this Part:
- (e) the jurisdiction and powers of any Youth Court established under section 433 of the Children, Young Persons, and Their Families Act 1989:
provided that no person shall be liable to be punished twice for the same offence.
(2) Where any person—
- (a) is acquitted or convicted on a prosecution under section 6, and is subsequently prosecuted under any other enactment in respect of the same matter; or
- (b) is acquitted or convicted on a prosecution under any other enactment and is subsequently prosecuted under section 6 in respect of the same matter,—
the plea of previous acquittal or, as the case may be, previous conviction, shall be available to that person to the same extent and in the same manner as if both prosecutions were under the Crimes Act 1961, and the provisions of sections 357 to 359 of that Act shall, with the necessary modifications, apply accordingly.
Compare: 1952 No 41 ss 12, 13

Section 8(1)(a): amended, on 1 January 1962, by section 4(1)(a) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 8(1)(b): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 8(1)(c): replaced, on 1 May 1981, by section 6 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 8(1)(d): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 8(1)(e): replaced, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

Section 8(2): amended, on 1 January 1962, by section 4(1)(b) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

9 Jurisdiction of District Court Judges in respect of summary offences

(1) A court presided over by a District Court Judge has jurisdiction in respect of every summary offence.

(2) A court presided over by a District Court Judge has summary jurisdiction in respect of every offence that by any Act is punishable by a fine, penalty, or forfeiture if no other form of procedure is prescribed by that Act for the recovery of the same.

Section 9: replaced, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

9A Jurisdiction of Justices in respect of summary offences

(1) A court presided over by 2 or more Justices has jurisdiction in respect of a summary offence in the following cases, and in no other case, namely:
- (a) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by a Justice or Justices:
- (b) in any case where by any enactment jurisdiction is expressly given to a Justice or Justices:
- (c) in any case where the offence is an infringement offence.
(2) A court presided over by 1 Justice has jurisdiction in respect of a summary offence in the following cases, and in no other case, namely:
- (a) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by 1 Justice; or
- (b) in any case where by any enactment jurisdiction is expressly given to 1 Justice.
Section 9A: inserted, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

9B Jurisdiction of Community Magistrates in respect of summary offences

(1) A court presided over by 1 Community Magistrate has jurisdiction in respect of a summary offence in the following cases, and (except as provided in section 9C) in no other case, namely:
- (a) in any case where, under section 9A(1), a court presided over by 2 or more Justices has jurisdiction in respect of the summary offence:
- (b) in any case where, under section 9A(2), a court presided over by any 1 Justice has jurisdiction in respect of the summary offence:
- (c) in any case where the enactment creating the offence expressly provides that jurisdiction may be exercised by a court presided over by 1 Community Magistrate or by 1 or more Community Magistrates:
- (d) in any case where by any enactment jurisdiction is expressly given to 1 Community Magistrate or 1 or more Community Magistrates.
(2) A court presided over by 2 or more Community Magistrates has the same jurisdiction in respect of a summary offence as a court presided over by 1 Community Magistrate.

(3) Nothing in subsection (1) or subsection (2) confers on a court presided over by 1 Community Magistrate or by 2 or more Community Magistrates jurisdiction in respect of any summary offence that is a continuing offence.

Section 9B: inserted, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

9C Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences

(1) This section applies to any summary offence (not being a continuing offence) in respect of which—
- (a) the maximum term of imprisonment (if any) that can be imposed does not exceed 3 months; and
- (b) the maximum fine that can be imposed does not exceed $7,500.
(2) If a person who is charged with an offence to which this section applies is found guilty of that offence by a court presided over by a District Court Judge or pleads guilty to that offence, a court presided over by 1 or more Community Magistrates may, in accordance with the Sentencing Act 2002, do 1 or more of the following acts:
- (a) discharge the offender without conviction under section 106 of that Act and, if the court thinks fit, make an order under subsection (3) of that section:
- (b) discharge the offender under section 108 of that Act and, if the court thinks fit, make an order under subsection (2) of that section:
- (c) make, under section 110 of that Act, an order requiring the offender to appear for sentence if called upon to do so within a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order:
- (d) on making an order under section 110(1) of that Act, also make an order under section 110(3) of that Act:
- (e) impose, under section 32 of that Act, a sentence of reparation on the offender:
- (f) subject to sections 39(4) and 40(3) of that Act, sentence the offender to pay a fine:
- (g) make, under section 112 of that Act, a non-association order in respect of the offender:
- (h) impose, under section 55 of that Act, a sentence of community work on the offender:
- (i) impose, under section 45 of that Act, a sentence of supervision on the offender:
- (ia) impose under section 54B of that Act, a sentence of intensive supervision on the offender:
- (ib) impose under section 69B of that Act a sentence of community detention on the offender:
- (j) make, under section 124 of that Act, an order that disqualifies the offender from holding or obtaining a driver licence:
- (k) make, under section 128 or section 129 of that Act, a confiscation order in respect of a motor vehicle:
- (l) make, under section 131(2)(a) of that Act, an order that prohibits the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order:
- (m) make, under section 131(3)(a) of that Act, an order that sets aside the disposition by the offender of a motor vehicle or of an interest in a motor vehicle.
(3) No court presided over by 1 or more Community Magistrates may impose on any person for any offence a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002).

Section 9C: inserted, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 9C(2): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 9C(2)(ia): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 9C(2)(ib): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 9C(3): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

9D Power to impose penalties provided for in Land Transport Act 1998

(1) Where a person who is charged with any summary offence to which section 9C applies is found guilty of that offence by a court presided over by a District Court Judge or pleads guilty to that offence, a court presided over by 1 or more Community Magistrates—
- (a) may, if that offence is an offence to which section 80 of the Land Transport Act 1998 applies, make, under that section, an order disqualifying the person from holding or obtaining a driver licence for such period as the court thinks fit, whether or not the court imposes any other penalty for the offence:
- (b) must, if that offence is a first or second offence to which section 32 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 32 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:
- (c) must, if that offence is an offence to which section 35 or section 38 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 35 or section 38 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:
- (d) must, if that offence is a first or second offence to which section 56 or section 58 or section 60 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 56 or section 58 or section 60 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:
- (e) must, if that offence is an offence to which section 57 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 57 of that Act disqualifying the person from holding or obtaining a driver licence for 3 months or more, unless the court for special reasons relating to the offence thinks fit to order otherwise:
- (f) may, if that offence is an offence to which section 59 of the Land Transport Act 1998 applies, make an order under that section disqualifying the person from holding or obtaining a driver licence for such period as the court thinks fit, whether or not the court imposes any other penalty for the offence:
- (g) must, if the offence is one to which section 65 of the Land Transport Act 1998 applies, make, subject to subsection (3) of that section, an order under that section requiring the person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Director makes an order under section 100 of that Act removing that disqualification:
- (h) must, if the offence is one to which section 63 of the Land Transport Act 1998 applies, make, in addition to any other penalty the court may impose, and notwithstanding section 94 of that Act, an order under section 63 of that Act disqualifying the person from driving any vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not exceeding 10 years as the court thinks fit.
(2) Nothing in this section restricts section 9C or any other duty or power of a court presided over by 1 or more Community Magistrates—
- (a) to disqualify any person from holding or obtaining a driver licence; or
- (b) to impose any other penalty.
Section 9D: replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

9E Ancillary powers under Criminal Justice Act 1985, Sentencing Act 2002, and Land Transport Act 1998, and Criminal Procedure Act 2011

A court presided over by 1 or more Community Magistrates has, in exercising any power conferred on it by section 9C or section 9D,—
- (a) power to make orders of any kind provided under section 197 or 205 of the Criminal Procedure Act 2011, subject to section 198 of that Act:
- (b) power to make orders of any kind provided under section 200 or 202 of the Criminal Procedure Act 2011:
- (c) all the powers and processes that a court has under the Criminal Justice Act 1985, the Sentencing Act 2002, or the Land Transport Act 1998 for the purpose of perfecting, or giving full effect to, any sentence imposed or order made under any of the provisions of those Acts referred to in section 9C or section 9D.
Section 9E: replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 9E heading: amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9E heading: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 9E(a): replaced, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9E(b): replaced, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Section 9E(c): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

9F Power of Community Magistrates to decline jurisdiction

(1) A court presided over by 1 or more Community Magistrates may decline jurisdiction in respect of a summary offence and may refer the case to a court presided over by a District Court Judge.

(2) Where, under subsection (1), a court declines jurisdiction in respect of a summary offence, that court must forthwith adjourn the hearing of the charge to a time and place then appointed.

(2A) A court to which a matter is referred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before that court in the first instance.

(3) Sections 45 to 49, so far as applicable and with the necessary modifications, apply to any adjournment under subsection (2).

Section 9F: inserted, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 9F(2A): inserted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

9G Power to transfer matter to court presided over by District Court Judge

(1) A District Court Judge may, in any case in which the District Court Judge considers it appropriate, order that any matter before a court presided over by 1 or more Community Magistrates be transferred to a court presided over by a District Court Judge.

(2) A court to which a matter is transferred under subsection (1) may complete or otherwise deal with the matter as if it had been brought before that court in the first instance.

Section 9G: inserted, on 30 June 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

10 Jurisdiction in respect of fugitive offenders

[Repealed]

Section 10: repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).

Part 2
Procedure where defendant proceeded against summarily

11 Application of this Part

This Part shall apply to all proceedings where the defendant is proceeded against summarily.

12 Commencement of proceedings

(1) Except where the defendant has been arrested without warrant, all proceedings brought under this Part shall, subject to sections 20A and 21, be commenced by the laying of an information or the making of a complaint.

(2) Where a defendant has been arrested on any charge and no information has been laid, particulars of the charge against him shall be set out in a charge sheet.

(3) The provisions of this Act shall apply with respect to every entry in a charge sheet as if that entry were an information.

Section 12(1): amended, on 1 November 1981, by section 17(1) of the Transport Amendment Act 1980 (1980 No 96).

Information

13 Any person may lay an information

Except where it is expressly otherwise provided by any Act, any person may lay an information for an offence.

Compare: 1927 No 37 s 51

14 Time for laying information

Except where some other period of limitation is provided by the Act creating the offence or by any other Act, every information for an offence (other than an offence which may be dealt with summarily under section 6) shall be laid within 6 months from the time when the matter of the information arose.

Compare: 1927 No 37 s 50; 1952 No 41 s 10

15 Information to be in prescribed form and upon oath

(1) Every information to which this Part applies shall be in form 1 of Schedule 2, and shall be substantiated on oath before a District Court Judge or Justice or before a Registrar (not being a constable).

(2) Without limiting any other provision of this Act or any other enactment, no information shall be invalid by reason only that it does not contain the date of birth of the defendant or does not correctly describe the defendant's date of birth, and no amendment shall be required to remedy that omission or error before the hearing of the information.

Compare: 1927 No 37 ss 49, 55

Section 15(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 15(2): inserted, on 15 December 1994, by section 2 of the Summary Proceedings Amendment Act 1994 (1994 No 161).

16 Information to be for 1 offence only

(1) Except where it is otherwise provided by any Act, every information shall be for 1 offence only:

provided that an information may charge in the alternative several different matters, acts, or omissions if these are stated in the alternative in the enactment under which the charge is brought.

(2) The defendant may, at any time during the hearing of any information which is framed in the alternative, apply to the court to amend the information on the grounds that it is so framed as to embarrass him in his defence.

(3) The court may, if satisfied that the defendant will be so embarrassed in his defence, direct the informant to elect between the alternatives charged in the information, and the information shall thereupon be amended accordingly, and the hearing shall proceed as if the information had been originally framed in the amended form.

(4) Where on any such alternative information the defendant is convicted, the court may, and shall if so requested by the defendant, limit the conviction to one of the alternatives charged.

Compare: 1909 No 13 s 13; 1927 No 37 s 52

17 Information to contain sufficient particulars

Every information shall contain such particulars as will fairly inform the defendant of the substance of the offence with which he is charged.

Compare: 1927 No 37 s 53

17A Certain informations to disclose range of penalties

(1) If a defendant is charged with an offence to which this section applies, the information must disclose the range of penalties available on conviction for that offence.
(2) This section applies to offences that carry—
- (a) a maximum penalty on first conviction of more than 3 months' imprisonment; and
- (b) a higher maximum penalty on conviction for that offence if the defendant has a specified number of previous convictions for that or any other specified offence.
(3) An information may not be dismissed solely on the grounds that it does not comply with subsection (1).
(4) If an information that is required by subsection (1) to disclose the range of penalties available on conviction for that offence does not do so,—
- (a) the information may be amended before or during the hearing, in accordance with this Act; and
- (b) if the information is not amended, and the defendant is convicted, then the maximum penalty for which the defendant is liable is the penalty to which he or she would be liable if he or she did not have previous convictions for the same or any other specified offence.
(5) This section does not limit or affect—
- (a) the right of the court, when sentencing the defendant, to take previous convictions into account; or
- (b) section 341 of the Crimes Act 1961.
Section 17A: inserted, on 1 April 1999, by section 2(1) of the Summary Proceedings Amendment Act 1999 (1999 No 7).

18 Information to be filed in nearest court

(1) As soon as practicable after an information is laid, it shall be filed by the informant in the office of the court appointed for the exercise of criminal jurisdiction which is nearest by the most practicable route to the place where the offence was alleged to have been committed or where the informant believes that the defendant may be found:

provided that, if all the parties to the proceedings agree, the information may be filed in the office of another court:

provided also that failure to comply with the provisions of this section shall not be deemed to invalidate any proceedings.

(2) Notwithstanding anything in subsection (1), where 2 or more informations to which this Part applies are laid against the same defendant, it shall be a sufficient compliance with the provisions of this section if the informations are filed in an office of the court in which any one of the informations could be filed or has already been filed.

(3) Nothing in this section shall apply in any case where there is a statutory provision to the contrary.

Compare: 1947 No 16 s 26

Summons and warrant

19 Issue of summons or warrant to arrest defendant

(1) When an information has been laid,—
- (a) any District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) may issue a summons to the defendant, in the prescribed form:
- (b) a warrant, in the prescribed form, to arrest the defendant and bring him before a court may be issued by any Justice or any Community Magistrate or any Registrar (not being a constable), whether or not a summons has been issued or served, if the defendant is liable on conviction to a sentence of imprisonment, and if—
  - (i) in the opinion of the Justice or Community Magistrate or Registrar a warrant is necessary to compel the attendance of the defendant; or
  - (ii) having regard to the gravity of the alleged offence and the circumstances of the case, the Justice or Community Magistrate or Registrar is of opinion that a warrant should be issued:
- (c) in any case, a District Court Judge may, if he thinks fit, and whether or not a summons has been issued or served, issue a warrant, in the prescribed form, to arrest the defendant and bring him before a court.
(2) Where service of a summons to a defendant is to be effected in accordance with paragraph (c) of subsection (1) of section 24 the day on which the defendant is summoned to appear shall not be less than 21 days after the day on which the registered letter is posted.

Compare: 1927 No 37 ss 55–57; 1952 No 44 s 17

Section 19 heading: replaced, on 30 June 1998, by section 4 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 19(1)(a): amended, on 30 June 1998, by section 4(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 19(1)(a): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 19(1)(b): amended, on 30 June 1998, by section 4(2)(a) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 19(1)(b)(i): amended, on 30 June 1998, by section 4(2)(b) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 19(1)(b)(ii): amended, on 30 June 1998, by section 4(2)(b) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 19(1)(c): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 19(2): inserted, on 1 January 1969, by section 2(1) of the Summary Proceedings Amendment Act 1968 (1968 No 108).

19A Summons following arrest

(1) Where any person, who has been arrested without warrant and who is charged with a summary offence or an indictable offence that may be dealt with summarily, cannot practicably be brought immediately before a court, any constable may, if he deems it prudent to do so, release the defendant without bail to appear on summons to answer the charge.

(2) Every constable who releases a defendant under this section shall, at the time of the release of the defendant, sign and serve on the defendant a summons in a form prescribed for the purposes of this section. Every such summons shall require the defendant to appear on a day not later than 2 months after the date thereof at the court where the information required by subsection (3) is to be filed.

(3) An information under this Part in respect of the offence with which the defendant is charged shall be laid and filed by a constable as soon as practicable after the release of the defendant, and in any event not later than 7 days after the day on which the defendant is released.

(4) It shall be the duty of every constable who releases a defendant under this section to ensure that the information required by subsection (3) is laid and filed.

(5) A copy of the summons served under subsection (2) shall be filed with the information. That copy shall bear an endorsement showing the fact, time, and mode of service and that endorsement shall be signed by the constable who released the defendant.

Section 19A: inserted, on 23 November 1973, by section 5 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 19A(1): replaced, on 17 December 1976, by section 2 of the Summary Proceedings Amendment Act 1976 (1976 No 169).

19B Summons following evidential breath test

(1) If a person undergoes an evidential breath test under section 69 of the Land Transport Act 1998 and the test is positive, but the person who underwent the test does not advise an enforcement officer within 10 minutes of being advised of the matters specified in section 77(3)(a) of the Land Transport Act 1998 that the person wishes to undergo a blood test, an enforcement officer may sign and serve on the person a summons in a form prescribed for the purposes of this section.

(2) Every such summons shall require the person to appear on a day not later than 2 months after the date of the summons at the court where the information required by subsection (3) is to be filed.

(3) An information under this Part in respect of the offence with which the person is charged shall be laid and filed by an enforcement officer as soon as practicable after the evidential breath test was administered, and in any event not later than 7 days after the day the test was administered.

(4) It is the duty of every enforcement officer who issues a summons under this section to ensure that the information required by subsection (3) is laid and filed.

(5) A copy of a summons served under this section shall be filed with the information, and the copy shall bear an endorsement, signed by the enforcement officer who issued the summons, showing the fact, time, and mode of service.

(6) In this section, the term enforcement officer has the same meaning as it has in section 2(1) of the Land Transport Act 1998.

Section 19B: inserted, on 7 January 1989, by section 18(1) of the Transport Amendment Act (No 2) 1988 (1988 No 170).

Section 19B(1): replaced, on 29 December 2001, by section 14(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

Section 19B(6): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

20 Issue of summons or warrant for attendance of witness

(1) Either the informant or the defendant may at any time obtain from any District Court Judge or Justice or Community Magistrate or the Registrar a summons in the prescribed form calling on any person to appear as a witness at the hearing.

(1A) If an application for a non-party disclosure hearing is granted under section 25 of the Criminal Disclosure Act 2008, the defendant may apply to a District Court Judge or Justice or Community Magistrate or the Registrar for the issue of a summons in the prescribed form calling on any person to appear at that hearing.

(2) Any summons issued under subsection (1) may require the person summoned to bring with him and produce at the hearing such books, deeds, papers, writings, and photographs as may be mentioned in the summons.

(3) No person who is required under a summons issued under subsection (1) to travel more than 15 kilometres to attend the hearing shall be bound to attend, unless expenses in accordance with the scale prescribed by regulations made under this Act are tendered to him.

(4) If any District Court Judge or Registrar is satisfied that any person whose evidence at the hearing is required by either the informant or the defendant will not attend to give evidence without being compelled to do so, then, whether or not a summons has been issued or served, he may, if he thinks fit, issue a warrant in the prescribed form for the attendance of that person at the hearing.
(4A) Any person who is arrested pursuant to a warrant issued under subsection (4) shall be brought as soon as possible before a District Court Judge, who may—
- (a) by warrant in the prescribed form order that the person be committed to a prison to be detained until the hearing; or
- (b) grant the person bail.
(4B) Any person committed to prison pursuant to subsection (4A) shall be treated in the same way as a prisoner awaiting trial.

(4C) Where any person who is arrested pursuant to subsection (4) is committed to prison pursuant to subsection (4A), that person shall, if he or she so requests, be brought before a District Court Judge for the purpose of making an application for bail, and the Judge may grant or refuse to grant bail on that application.
(4D) If a person is granted bail under subsection (4A) or subsection (4C), sections 29, 30(3), and sections 31 to 38 of the Bail Act 2000, as far as they are applicable and with any necessary modifications, apply as if—
- (a) that person were a defendant remanded in custody who had been granted bail; and
- (b) for the words “for the period of the adjournment” in section 29 of the Bail Act 2000 there were substituted the words “until the date of the hearing”; and
- (c) there were inserted in section 31(1)(b) of the Bail Act 2000, after the words “time to time be adjourned”, the words “unless that person is released by the court from further attendance”; and
- (d) for the words “evading justice” in section 35(1)(a) of the Bail Act 2000 there were substituted the words “avoiding giving evidence”.
(5) Every person commits an offence who, having been served with a summons under this section calling upon him to appear as a witness at the hearing, refuses or neglects, without sufficient cause, to appear or to produce any books, deeds, papers, writings, or photographs required by the summons to be produced, and is liable on summary conviction to a fine not exceeding $300.

Compare: 1927 No 37 ss 58–60; 1948 No 20 s 4

Section 20(1): amended, on 30 June 1998, by section 5 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 20(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 20(1A): inserted, on 29 June 2009, by section 40(1) of the Criminal Disclosure Act 2008 (2008 No 38).

Section 20(3): amended, on 1 May 1981, by section 7 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 20(4): amended, on 1 September 1993, by section 3 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 20(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 20(4A): replaced, on 1 August 1987, by section 8(2) of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

Section 20(4B): replaced, on 1 August 1987, by section 8(2) of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

Section 20(4B): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 20(4C): replaced, on 1 August 1987, by section 8(2) of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

Section 20(4D): replaced, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 20(5): inserted, on 1 November 1961, by section 5 of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 20(5): amended, on 1 May 1981, by section 24 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

20A Summary procedure for minor offences

(1) Where a charge is brought by any informant of the kind described in subsection (10) against any person for any minor offence (as defined in subsection (12)) a summons to the defendant shall not be issued in the first instance, unless the informant satisfies the Registrar that for special reasons a summons should be issued or a District Court Judge or Community Magistrate so directs.

(2) Unless a summons is to be so issued, all proceedings brought under this Part in respect of a minor offence shall be commenced by the informant filing a notice of prosecution in the prescribed form specifying the date and nature of the alleged offence and a summary of the facts on which the informant bases his allegation that an offence has been committed, and any other matters (not being previous convictions) which the informant considers are relevant to the imposition of a penalty. The summary of the facts shall be sufficient to fully and fairly inform the defendant of the allegations against him.
(3) In addition the notice shall—
- (a) specify the maximum penalty for the offence:
- (b) specify the minimum penalty for the offence if such a penalty is expressly provided for:
- (c) show whether conviction for the offence would or could result—
  - (i) in the defendant being disqualified from holding or obtaining a driver's licence or any other licence or privilege or the forfeiture of any property; or
  - (ii) in demerit points being recorded under the Land Transport Act 1998 in respect of the defendant:
- (d) inform the defendant of his or her rights under subsections (5) to (8) and of the right that the court has under section 106 of the Sentencing Act 2002 to discharge a person without conviction:
- (e) be accompanied by particulars of any previous conviction of the defendant if the informant wishes the court to take that conviction into account in the event of the defendant being found guilty:
- (f) contain such other information or advice as may be required by or pursuant to this Act:
- (g) set out the full name of the informant and, for the purposes of subsection (10), the capacity in which he is acting in filing the notice:
- (h) be signed by the informant who shall certify that he believes that he has just cause for his allegation and that, to the best of his knowledge and belief, his summary of the facts and the other particulars relating to the offence or to the defendant are true and correct.
(4) The Registrar shall cause a copy of the notice to be served on the defendant.

(5) If the defendant wishes to deny the charge or to appear before the court for that or any other purpose he must send written advice to that effect to the Registrar by a date specified in the notice, being a date not earlier than 28 days after the date of the notice. Any such advice shall be sufficient for the purposes of this section if, however expressed, it indicates the defendant's wishes.
(6) The defendant may plead guilty in accordance with section 41 and may, in the notice required by that section,—
- (a) state matters which he wishes the court to take into consideration:
- (b) make submissions with regard to the appropriate penalty:
- (c) put forward reasons why he should be discharged without conviction under section 106 of the Sentencing Act 2002.
(7) If the defendant pleads guilty in accordance with section 41 or if, in any case, the defendant does not, by the date specified in the notice referred to in subsection (2), give written advice to the Registrar in accordance with subsection (5), a District Court Judge or Community Magistrate may, on the basis of the summary of the facts contained in the notice referred to in subsection (2), deal with the defendant as if he had appeared before a court and pleaded guilty. Where particulars of any previous conviction of the defendant have accompanied that notice, the District Court Judge or Community Magistrate may take that conviction into account in deciding whether or not to impose a penalty and, if one is imposed, its amount.

(8) If the defendant indicates in accordance with subsection (5) that the defendant wishes to deny the charge or to appear before the court for that or any other purpose or if in any case a District Court Judge or Community Magistrate so directs, a summons, in the prescribed form, must be issued to the defendant by a District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable) and subsequent proceedings must be had on that summons as if the notice under subsection (2) were an information.

(9) Sections 14, 16, 17, 18, 34, 36, 71, 75, 204, 205, and 208, Part 4, and the Costs in Criminal Cases Act 1967 shall apply, with such modifications as are necessary, to every notice of prosecution filed under subsection (2) as if it were an information.
(10) A notice under subsection (2) may be filed only by—
- (a) a constable:
- (b) an enforcement officer under the Land Transport Act 1998:
- (c) a person acting in the course of his official duties as an officer or employee of any of the State Services, a local authority, a public body, or a statutory Board:
- (d) any other class of person approved for the time being for the purposes of this section by the Minister of Justice by notice in the Gazette. Any such approval may be conditional or may apply only in respect of specified offences or classes of offences.
(11) Every certificate given by an informant under paragraph (h) of subsection (3) shall be deemed to be a statement for the purposes of section 111 of the Crimes Act 1961 (which relates to false statements) notwithstanding that it is not required to be made before any person.
(12) For the purposes of this section, the term minor offence means,—
- (a) in the case of a summary offence under the Land Transport Act 1998, a summary offence under that Act for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $2,000:
- (b) in any other case, means any summary offence for which the defendant is not liable on conviction to a sentence of imprisonment or to a fine exceeding $500.
(13) This section shall not apply where the defendant, or, where 2 or more persons are jointly charged, at least 1 of the defendants, is under the age of 17 years, unless the charge is for a traffic offence (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) which is not punishable by imprisonment.

(14) Subject to the provisions of any other enactment, where a conviction is entered following proceedings under this section the entry in the Criminal Records kept pursuant to section 71 relating to that conviction and the summary of the facts contained in the notice filed under subsection (2) shall be open to inspection by the public.

(15) Any 2 or more Justices may exercise the powers conferred on a District Court Judge by this section in any case where the minor offence with which the defendant is charged is one in respect of which a court presided over by a Justice or by 2 or more Justices would have jurisdiction if a summons to the defendant were issued in the first instance.

Section 20A: inserted, on 1 June 1974, by section 7(1) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 20A(1): amended, on 30 June 1998, by section 6(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 20A(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125)

Section 20A(3)(c)(ii): amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 20A(3)(d): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 20A(6)(c): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 20A(7): amended, on 30 June 1998, by section 6(2) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 20A(7): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125)

Section 20A(7): amended, on 9 October 1975, by section 2 of the Summary Proceedings Amendment Act 1975 (1975 No 105).

Section 20A(8): replaced, on 30 June 1998, by section 6(3) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 20A(9): amended, on 1 July 1993, by section 129(1) of the Privacy Act 1993 (1993 No 28).

Section 20A(10)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 20A(10)(b): replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 20A(12): replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 20A(12)(a): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 20A(13): replaced, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

Section 20A(14): amended, on 17 December 1976, pursuant to section 71(5).

Section 20A(15): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125)

21 Summary procedure for infringement offences

(1) Proceedings in respect of an infringement offence may be commenced—
- (a) with the leave of a District Court Judge or a Registrar, by laying an information under this Act, or by filing a notice of prosecution under section 20A; or
- (b) where an infringement notice has been issued in respect of the offence, by providing particulars of a reminder notice in accordance with subsections (4) and (4A), or by filing a notice of hearing in a court, under this section.
(2) Where—
- (a) an infringement notice has been issued in respect of an infringement offence; and
- (b) on the expiration of 28 days from the date of service of the notice, or a copy of the notice,—
  - (i) the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and
  - (ii) the informant has not received at that address a notice requesting a hearing in respect of the offence,—
the informant may serve on the person or one of the persons served with the infringement notice, or a copy of the infringement notice, a reminder notice that contains the same or substantially the same particulars as the infringement notice.
(2AA) The reminder notice referred to in subsection (2) and subsection (3C) must,—
- (a) if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or
- (b) if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.
(2A) For the purposes of this section, a reminder notice that is in a form prescribed under any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations.
(3) The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—
- (a) a reminder notice has been served under subsection (2); and
- (b) on the expiration of 28 days from the date of service of that notice,—
  - (i) the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and
  - (ii) the informant has not received at that address a notice requesting a hearing in respect of the offence.
(3A) If—
- (a) the informant has not provided particulars of a reminder notice under subsection (3), in accordance with subsections (4) and (4A); and
- (b) the informant has instituted the necessary management and accounting systems to allow the infringement fee to be paid to the informant by instalments,—
the informant may, but is not required to, enter into an arrangement allowing the infringement fee to be paid to the informant by instalments.
(3B) An arrangement under subsection (3A) must—
- (a) be entered into before the close of the date that is 6 months from the time when the infringement offence is alleged to have been committed; and
- (b) be completed before the close of the date that is 12 months from the time when the infringement offence is alleged to have been committed.
(3C) If the informant has entered into an arrangement under subsection (3A), and default is made in the payment of any instalment, the informant may,—
- (a) despite subsection (3B)(a), enter into another arrangement under subsection (3A) allowing the infringement fee to be paid to the informant by instalments; or
- (b) serve on the defendant or 1 of the defendants served with the infringement notice, or a copy of the infringement notice, a reminder notice in the prescribed form containing the same or substantially the same particulars as the infringement notice.
(3D) The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A) if—
- (a) a reminder notice has been served under subsection (3C)(b); and
- (b) on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant at the address specified in the notice.
(4) For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A), the particulars of a reminder notice are—
- (a) the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and
- (b) any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and
- (c) any other particulars that may be prescribed.
(4A) The particulars described in subsection (4)—
- (a) must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and
- (b) once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a court in relation to its judicial functions.
(4B) Particulars of a reminder notice provided under subsection (3) or subsection (3D), and in accordance with subsection (4A), must be verified by the Ministry of Justice to ensure they contain the particulars described in subsection (4)(a) and (b), in accordance with a procedure approved by the chief executive of the Ministry of Justice.

(4C) When particulars of a reminder notice provided under subsection (3) or subsection (3D) are verified under subsection (4B) as containing the particulars described in subsection (4)(a) and (b), the reminder notice is deemed to have been filed in the court appointed for the exercise of the criminal jurisdiction which is the nearest by the most practicable route to the place where the offence was alleged to have been committed.
(5) If,—
- (a) under subsection (3), particulars of a reminder notice are provided before the close of the date that is 6 months after the date on which the infringement offence is alleged to have been committed; and
- (b) those particulars are verified under subsection (4B),—
then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.
(5A) If,—
- (a) under subsection (3D), particulars of a reminder notice are provided before the close of the date that is 12 months after the date on which the infringement offence is alleged to have been committed; and
- (b) those particulars are verified under subsection (4B),—
then the court in which the reminder notice is deemed, by subsection (4C), to have been filed is also deemed to have made an order (as if on the determination of an information in respect of the offence) that the defendant pay a fine equal to the amount of the infringement fee then remaining unpaid for the offence together with costs of the prescribed amount.
(5AB) An order under subsection (5) or subsection (5A) is deemed to have been made on the date that the relevant reminder notice is deemed to have been filed under subsection (4C).

(5B) If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), no defendant may give notice requesting a hearing in respect of the infringement offence to which the arrangement applies.
(6) A notice requesting a hearing in respect of an infringement offence must—
- (a) be in writing signed by the person or one of the persons served with the infringement notice in respect of the offence, or a copy of the infringement notice; and
- (b) be delivered to the informant at the address specified in the infringement notice before or within 28 days after service of a reminder notice in respect of the offence, or within such further time as the informant may allow.
(7) A person giving notice requesting a hearing in respect of an infringement offence may, if the person thinks fit, in that notice—
- (a) admit liability in respect of the offence; and
- (b) make any submissions as to penalty or otherwise that the defendant would wish to be considered by a court hearing proceedings in respect of the offence.
(8) Where a notice requesting a hearing in respect of an infringement offence is given in accordance with this section, the following provisions shall apply:
- (a) the informant shall, if it is proposed that proceedings be commenced in respect of the offence, file in a court a notice of hearing in the prescribed form:
- (b) where the defendant does not, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall serve on the defendant a copy of the notice of hearing filed pursuant to paragraph (a):
- (c) where the defendant does, in the notice requesting a hearing, admit liability in respect of the offence, the informant shall file that notice in the court in which the notice of hearing is filed:
- (d) where a notice of hearing is filed in a court within 6 months from the time when the offence is alleged to have been committed, the provisions of this Act and the Costs in Criminal Cases Act 1967 shall apply, with such modifications as are necessary,—
  - (i) in relation to the notice of hearing, as if it were an information:
  - (ii) in relation to a copy of the notice served on the defendant pursuant to paragraph (b), as if it were a summons to the defendant:
  - (iii) in relation to a notice of the defendant filed in the court pursuant to paragraph (c), as if it were a notice of the defendant pleading guilty to the offence pursuant to section 41.
(9) Where a defendant is found guilty of, or pleads guilty to, an infringement offence for which an infringement notice has been issued, the court shall order the defendant to pay costs of the prescribed amount in addition to the fine (if any) and other costs (if any) ordered by the court.
(10) In any proceedings for an infringement offence for which an infringement notice has been issued—
- (a) it shall be a defence if the defendant proves that the infringement fee for the offence has been paid to the informant at the address specified in the notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence:
- (b) it shall not be a defence that the infringement fee for the offence has been paid otherwise than as referred to in paragraph (a).
(11) Where an infringement fee is paid to the informant at the address specified in the infringement notice but not within the time referred to in subsection (10)(a), the amount paid may be held and applied towards any fine or costs that the defendant may become liable to pay in respect of the offence.
(12) In any proceedings for an infringement offence for which an infringement notice has been issued it shall be presumed, unless the contrary is proved, that—
- (a) the infringement notice in respect of the offence has been duly issued, and the notice, or a copy of the notice, has been served on the defendant:
- (b) any reminder notice or copy of a notice of hearing required to have been served on the defendant has been duly served:
- (c) the infringement fee for the offence has not been paid as required under this section.
(13) If the informant has entered into an arrangement under subsection (3A) or subsection (3C)(a), and default is made in the payment of any instalment, proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid.

Section 21: replaced, on 1 November 1987, by section 5 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 21(1)(b): amended, on 1 March 2007, by section 6(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2): amended, on 9 October 2006, by section 5(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2AA): inserted, on 9 October 2006, by section 5(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(2A): inserted, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 21(2A): amended, on 9 October 2006, by section 5(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3): replaced, on 1 March 2007, by section 6(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3A): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3A): amended, on 1 August 2012, by section 5(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3A)(a): amended, on 1 March 2007, by section 6(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(3A)(b): amended, on 1 August 2012, by section 5(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3B): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3C): inserted, on 1 November 1998, by section 3(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(3C)(a): amended, on 1 August 2012, by section 5(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(3D): replaced, on 1 March 2007, by section 6(4) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4): replaced, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4A): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4B): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(4C): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(5): replaced, on 1 August 2012, by section 5(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(5A): replaced, on 1 August 2012, by section 5(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 21(5AB): inserted, on 1 March 2007, by section 6(5) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 21(5B): inserted, on 1 November 1998, by section 3(2) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 21(13): inserted, on 1 November 1998, by section 3(3) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

21A Evidence of particulars of reminder notice deemed to have been filed in court by electronic means

In any proceedings, a computer printout of the particulars of a reminder notice deemed to have been filed in a court under section 21(4C), sealed with the seal of the court and purporting to be signed and certified by the Registrar of that court as a printout that may be used for the purposes of this section, is, in all courts, in the absence of evidence to the contrary, sufficient evidence of—
- (a) those particulars having been provided and verified in accordance with section 21:
- (b) the reminder notice deemed to have been filed in a court and the order deemed to have been made as a consequence.
Section 21A: inserted, on 1 March 2007, by section 7 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

22 To whom warrant to be directed and power of person executing warrant to enter premises

(1) Every warrant to arrest a defendant or warrant for the appearance of a person required as a witness shall be directed either to any constable by name or generally to every constable. Any such warrant may be executed by any constable.

(2) For the purposes of executing any warrant referred to in subsection (1), the constable executing it may at any time enter on to any premises, by force if necessary, if he has reasonable cause to believe that the person against whom it is issued is on those premises:

provided that, if the constable executing the warrant is not in uniform and any person in actual occupation of the premises requires him to produce evidence of his authority, he shall before entering on the premises produce the warrant or his badge or other evidence that he is a constable.

Compare: 1927 No 37 ss 266, 268(1A), (2); 1950 No 91 s 15

23 Withdrawal of warrant

(1) Any warrant to arrest a defendant or warrant for the appearance of a person required as a witness may, by leave of a District Court Judge or the Justice or Community Magistrate or Registrar who issued it, be withdrawn at any time before it is executed.
(2) A Registrar may, at any time before it is executed, withdraw a warrant to arrest a defendant or warrant to arrest a person required as a witness if—
- (a) in the case of a warrant to arrest a defendant,—
  - (i) the warrant was issued under this Act or section 36 or 60 of the Bail Act 2000 because the defendant failed to appear at court; and
  - (ii) the defendant reports to the court (whether or not the defendant actually makes an appearance in the court that day); and
  - (iii) no breaches of bail by the defendant in relation to the charge have been recorded under section 38 of the Bail Act 2000; and
  - (iv) no other warrants for the arrest of the defendant in relation to the proceeding have been issued; and
  - (v) the defendant is charged with an offence for which the maximum penalty is 10 or less years' imprisonment:
- (b) in the case of a warrant to arrest a witness,—
  - (i) the warrant was issued under this Act because the witness failed to appear at court; and
  - (ii) the witness reports to the court (whether or not the defendant actually makes an appearance in the court that day); and
  - (iii) no other warrants for the arrest of the witness in relation to the proceeding have been issued; and
  - (iv) the defendant in the proceeding is charged with an offence for which the maximum penalty is 10 or less years' imprisonment.
Section 23(1): amended, on 30 June 1998, by section 7 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 23(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 23(2): replaced, on 5 March 2012, by section 4 of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Service of documents

23A Service of documents: sections 24 to 29 not to apply to Part 3

Sections 24 to 29 do not apply to any summons or other document required to be served under Part 3; sections 79A to 79D apply instead.

Section 23A: inserted, on 13 February 2012, by section 6 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

24 Mode of service of documents on defendant

(1) Every summons to a defendant and every other document which is required to be served on a defendant shall be served on him in one of the following ways:
- (a) by being delivered to him personally or by being brought to his notice if he refuses to accept it; or
- (b) by being left for him at his place of residence with a member of his family living with him and appearing to be of or over the age of 18 years; or
- (c) by being sent to him by registered letter addressed to him at his last known or usual place of residence or at his place of business; or
- (d) in the case of a notice relating to an infringement offence or a minor offence as defined in section 20A(12), by being sent by letter by ordinary post addressed to the defendant at the defendant's last known place of residence or business; or
- (e) in the case of a notice relating to an infringement offence required to be served on a defendant who does not have a known place of residence in New Zealand but has a known electronic address, by being sent to the defendant at that address in electronic form:
provided that a District Court Judge or Justice or Community Magistrate or the Registrar may if he thinks fit direct that the summons or other document shall be served in accordance with the provisions of paragraph (a).
(1A) Despite subsection (1), if a summons or other document required to be served on a defendant is to be served on a defendant who is a Crown organisation, it may be served—
- (a) by delivering it personally to an employee of the organisation at its head office or principal place of business; or
- (b) by delivering it at the organisation's head office or principal place of business, including by facsimile; or
- (c) in accordance with a method agreed between the informant and the organisation.
(2) For the purposes of paragraph (b) of subsection (1) the expression member of his family means the defendant's father, mother, wife, husband, civil union partner, de facto partner, child, brother, sister, half brother, or half sister.

(3) Where service is effected in accordance with paragraph (c) or paragraph (d) of subsection (1), then, unless the contrary is shown, service shall be deemed to have been effected on the person to whom the letter is addressed at the time when the letter would have been delivered in the ordinary course of post, and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

Compare: 1927 No 37 ss 262, 264

Section 24(1)(c): amended, on 1 April 1985, by section 3(1) of the Summary Proceedings Amendment Act 1985 (1985 No 51).

Section 24(1)(d): replaced, on 1 August 2012, by section 7 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 24(1)(e): inserted, on 1 August 2012, by section 7 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 24(1) proviso: amended, on 30 June 1998, by section 8 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 24(1) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 24(1A): inserted, on 18 October 2002, by section 30 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 24(2): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 24(3): replaced, on 1 January 1969, by section 2(2) of the Summary Proceedings Amendment Act 1968 (1968 No 108).

Section 24(3): amended, on 1 April 1985, by section 3(2) of the Summary Proceedings Amendment Act 1985 (1985 No 51).

25 Who may serve documents on defendant

(1) Except as provided in subsection (2), every summons to a defendant and every other document that is required to be served on a defendant may be served by—
- (a) any constable or Police employee who is not a constable:
- (b) an officer of the court:
- (c) any person or member of a class of persons authorised by a District Court Judge or Registrar either generally or in respect of a particular case or class of case:
- (d) in the case of a summons to the defendant or other document required to be served on the defendant in proceedings for an offence against any Act, regulation, or bylaw to which section 113(1) of the Land Transport Act 1998 applies, an enforcement officer under the Land Transport Act 1998:
- (e) in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, any person acting in the course of official duties as an officer or employee of the informant.
(2) Where any such summons or document is to be served by registered or ordinary letter it shall be so served—
- (a) except in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, by an officer of the court posting the summons or document to the defendant:
- (b) in the case of a reminder notice or copy of a notice of hearing relating to an infringement offence, by an officer or employee of the informant posting the notice to the defendant.
Section 25: replaced, on 1 November 1987, by section 7 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 25(1)(a): replaced, on 1 September 1993, by section 4 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 25(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 25(1)(a): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Section 25(1)(d): replaced, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 25(1)(d): amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

26 Mode of service of documents on person other than defendant

Every summons calling on any person to appear as a witness, and every other document which is required to be served on any person other than the defendant, shall be served on that person in accordance with the provisions of section 24 as if references in that section to the defendant were references to the person required to be served.

27 Who may serve documents on person other than defendant

Every summons calling on any person to appear as a witness, and every other document which is required to be served on any person other than the defendant, may be served by a constable or Police employee who is not a constable or an officer of the court, by a party or his solicitor, or by any person authorised by a party or his solicitor to serve the summons or other document.

Section 27: amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 27: amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

28 Mode of service in particular cases

(1) Notwithstanding anything in section 24 or section 26, service of any document may be effected in accordance with the provisions of this section in any case to which those provisions apply.

(2) Where a solicitor represents that he is authorised to accept service of any document on behalf of any person, it shall be sufficient service to deliver the document to him if he signs a memorandum stating that he accepts service of the document on behalf of that person.

(3) Where any person on whom any document is required to be served is living or serving on board any vessel (including any vessel belonging to any of Her Majesty's naval forces), it shall be sufficient service to deliver the document to the person on board who at the time of service is apparently in charge of the vessel.

(4) Where any such person is in any barracks, camp, or station while serving as a member of any of Her Majesty's naval or military or air forces, it shall be sufficient service to deliver the document at the barracks, camp, or station to the Adjutant or to the officer for the time being in command of the unit or detachment to which the person to be served belongs.

(5) Where any such person is a prisoner of any prison, it shall be sufficient service to deliver the document to the manager or other officer apparently in charge of the prison.

Section 28(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

29 Proof of service

(1) The service of any document may be proved by affidavit made by the person who served the document, showing the fact and the time and mode of service, or by that person on oath at the hearing, or by an endorsement on the copy of the document showing the fact and the time and mode of service. Any such endorsement shall be signed by the person who served the document or, if the service was effected by registered letter, by any officer of the court who knows of the service.

(1A) If, pursuant to subsection (1), any person referred to in paragraph (c) or paragraph (e) of section 25(1) proves service of any document by endorsement on a copy of the document, that person shall, when returning the endorsed copy to the court, provide proof that he or she is a person referred to in either of those paragraphs.

(2) Every person who wilfully endorses any false statement of the fact, time, or mode of service on a copy of any document commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

Compare: 1927 No 37 s 263(1), (2); 1955 No 12 s 4(1)

Section 29(1): amended, on 1 April 1996, by section 2(1) of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 29(1A): inserted, on 1 April 1996, by section 2(2) of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 29(2): amended, on 1 May 1981, by section 24 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

30 Translation of documents into Maori language

Where a document is served on any person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993, the provisions of the rules for the time being in force under the District Courts Act 1947 relating to translations of documents served on Maoris in civil proceedings shall apply.

Compare: 1927 No 37 s 265; 1952 No 44 s 23

Section 30: amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 30: amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).

Special provisions for taking evidence

31 Order for taking evidence of defence witness at a distance

(1) Notwithstanding anything in this Act, any District Court Judge or Registrar on the application of the defendant before the hearing, or the court on the application of the defendant at the hearing, may make an order for the taking, before any other District Court or before the Registrar thereof (not being a constable), of the evidence of the defendant or of any witness for the defence, if for any reason the District Court Judge or the Registrar or the court, as the case may be, considers it desirable or expedient that the evidence of the defendant or the witness should be so taken.

(1A) Notwithstanding anything in this Act, any District Court Judge or Registrar on the application of the informant before the hearing, or the court on the application of the informant at the hearing, may, with the consent of the defendant, make an order for the taking before any other District Court or before the Registrar thereof (not being a constable), of the evidence of the informant or of any witness for the prosecution, if for any reason the District Court Judge or the Registrar or the court, as the case may be, considers it desirable or expedient that the evidence of the informant or the witness should be so taken.

(2) Evidence given in accordance with this section and with any regulations made under this Act may be tendered at the hearing as if it were given in the course thereof; and judicial notice shall be taken of the signature of any examining District Court Judge or Justice or Community Magistrate or Registrar to any deposition made pursuant to an order under this section.

(3) Where the court of hearing considers that an application for the taking of the evidence of any defendant or witness under this section has been made for the purpose of delay or for any other improper purpose, or that there is undue delay in the taking of any such evidence, the court may hear and determine the charge without waiting for the evidence to be so taken.

(4) Nothing in this section or in any regulations made under this Act shall limit or affect the power of the court to compel the personal attendance of the defendant or of any witness at the hearing.

Compare: 1927 No 37 s 71A; 1955 No 12 s 2

Section 31(1): amended, on 1 September 1993, by section 7(1)(a) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 31(1): amended, on 1 September 1993, by section 7(1)(b) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 31(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 31(1A): inserted, on 16 October 1964, by section 2 of the Summary Proceedings Amendment Act 1964 (1964 No 22).

Section 31(1A): amended, on 1 September 1993, by section 7(2)(a) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 31(1A): amended, on 1 September 1993, by section 7(2)(b) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 31(1A): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 31(2): amended, on 30 June 1998, by section 9 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 31(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

32 Order for taking evidence of person about to leave country

(1) Any District Court Judge or Registrar may, on the application of either the informant or the defendant before the hearing, make an order for the taking, before any District Court or the Registrar thereof (not being a constable), of the evidence of any person, if the District Court Judge or the Registrar is satisfied that that person intends to depart from New Zealand before the hearing and that it is desirable or expedient that his evidence should be so taken.

(2) Evidence given in accordance with this section and with any regulations under this Act may be tendered at the hearing as if it were given in the course thereof; and judicial notice shall be taken of the signature of any examining District Court Judge or Justice or Community Magistrate or Registrar to any deposition made pursuant to an order under this section.

Section 32(1): amended, on 1 September 1993, by section 8(a) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 32(1): amended, on 1 September 1993, by section 8(b) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 32(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 32(2): amended, on 30 June 1998, by section 10 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 32(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

33 Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence

Any statement taken under section 164 (which relates to statements of persons dangerously ill and not likely to recover) may afterwards without further proof be given in evidence either for or against the defendant at the hearing of any charge under this Part, if—
- (a) the offence charged is one to which the statement relates (whether or not the defendant had been charged under Part 5 with that offence at the time the statement was taken) or the defendant is a person to whom the statement relates; and
- (b) pursuant to section 165, the statement could have been given in evidence at a committal hearing under Part 5 of any information against the defendant.
Section 33: amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 33: amended on 1 January 2001, by section 4(1) of the Summary Proceedings Amendment Act 2000 (2000 No 82).

Section 33(b): amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 33(b): amended on 1 January 2001, by section 4(1) of the Summary Proceedings Amendment Act 2000 (2000 No 82).

General provisions as to hearing

34 Place of hearing of information

(1) Unless an order is made under the succeeding provisions of this section or under section 4A of the District Courts Act 1947, or unless there is a statutory provision to the contrary, every charge shall be heard and determined in the court in the office of which the information is filed.

(2) Any District Court Judge or Justice or Community Magistrate may order that a charge shall be heard and determined by some other court.

(3) The Registrar may, with the consent of each party, order that a charge be heard in some other court.

(4) When an order is made under subsection (2) or subsection (3), the Registrar shall forward the information to the Registrar of the court to which it is ordered to be transferred.

Section 34: replaced, on 15 August 1991, by section 2 of the Summary Proceedings Amendment Act 1991 (1991 No 62).

Section 34(2): amended, on 30 June 1998, by section 11 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

35 Power to clear court and forbid report of proceedings

[Repealed]

Section 35: repealed, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).

36 Withdrawal of information by informant

(1) Any information may by leave of the court be withdrawn by the informant before the defendant has been convicted or the information has been dismissed or, in any case where the defendant has pleaded guilty, before he has been sentenced or otherwise dealt with.

(1A) A Registrar may exercise the power conferred by subsection (1) to grant leave if the informant is a constable or Police employee who is not a constable and has notified the Registrar in writing that the defendant has successfully completed a programme of diversion (being a programme conducted by the Police).

(1B) [Repealed]

(2) [Repealed]

(3) The withdrawal of an information shall not operate as a bar to any other proceedings in the same matter.

Compare: 1927 No 37 ss 65–67

Section 36(1A): inserted, on 1 April 1996, by section 3 of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 36(1A): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 36(1A): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Section 36(1B): repealed, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Section 36(2): repealed, on 1 April 1968, by section 14(2) of the Costs in Criminal Cases Act 1967 (1967 No 129).

37 Who may conduct proceedings

(1) At the hearing of any charge, the informant and the defendant may appear personally or by a barrister or a solicitor of the High Court.

(2) Except as provided in this section or in any other enactment, no person other than the informant may appear at the hearing of any charge and conduct the proceedings against the defendant.

(3) Where an information has been laid by a constable, any other constable may appear and conduct the proceedings on the informant's behalf.

(4) Where an information has been laid by an officer or employee of a department of State or of a local body, any other officer or employee of that department or of that local body, as the case may be, may appear and conduct the proceedings on the informant's behalf.

(5) Where proceedings have been commenced by the filing of a notice of hearing pursuant to section 21, any officer or employee of the department, local body, or other authority that is the informant may appear and conduct the proceedings on the informant's behalf.

Compare: 1927 No 35 s 85; 1927 No 37 ss 64, 81; 1949 No 7 s 163

Section 37(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 37(4): amended, on 1 July 1991, by section 21 of the Weights and Measures Amendment Act 1991 (1991 No 9).

Section 37(5): inserted, on 1 November 1987, by section 8 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 37(5): amended, on 1 July 1991, by section 21 of the Weights and Measures Amendment Act 1991 (1991 No 9).

38 Court may issue warrant for appearance of witness

(1) If at the hearing of any charge any person summoned as a witness under section 20 fails to appear and no just excuse is offered for his failure, the court, if satisfied that the summons was duly served on him, may issue a warrant in the prescribed form for the appearance of that person.

(2) Where any person is arrested pursuant to a warrant issued under subsection (1), the provisions of subsections (4A) to (4D) of section 20 shall apply as if he had been arrested pursuant to a warrant issued under subsection (4) of the said section 20.

Compare: 1927 No 37 s 59

Section 38(2): inserted, on 23 November 1973, by section 6(2) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

39 Witness refusing to give evidence may be imprisoned

(1) At the hearing of any charge any person present in court, whether he has been summoned to give evidence or not, may be required to give evidence.

(2) If any person without offering any just excuse refuses to give evidence when required, or refuses to be sworn, or having been sworn refuses to answer such questions concerning the charge as are then put to him, the court may order that, unless he sooner consents to give evidence or to be sworn or to answer the questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant in the prescribed form for his arrest and detention in accordance with the order.

(3) If the person so detained, on being brought up at the adjourned hearing, again refuses to give evidence or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct the witness to be detained in custody for the like period, and so again from time to time until he consents to give evidence or to be sworn or to answer as aforesaid.

Compare: 1927 No 37 ss 83, 144, 145

40 Witnesses at the hearing

(1) The court may if it thinks fit, of its own motion or at the request of any party at any time during the hearing, order all or any witnesses other than any witness who has given or is giving his evidence to leave the courtroom and to remain out of hearing but within call until required to give evidence.

(2) The court may at any time during the hearing require the parties to state what witnesses they intend to call, and may, if it thinks fit, refuse to allow any witness whose name was not so stated to give evidence.

Compare: 1927 No 37 s 70

41 Right to plead guilty by notice to Registrar

(1) Any person charged with a summary offence in respect of which he is not liable on conviction to a sentence of imprisonment may in writing addressed to the Registrar give notice that he pleads guilty, and the court shall then have the same power to deal with him as if he had appeared before it and pleaded guilty:

provided that nothing in this section shall operate to prevent the issue of a warrant to arrest the defendant.

(2) As soon as practicable after receiving any such notice from the defendant, the Registrar shall give notice thereof to the informant.

41A Registrar may receive not guilty pleas

(1) Before a charge under this Part is gone into, a Registrar may receive and record a not guilty plea in respect of any person charged with an offence if—
- (a) the defendant is represented by a barrister or solicitor, and the barrister or solicitor notifies the Registrar, on the defendant's behalf, that the defendant pleads not guilty to the offence; or
- (b) the defendant is not represented by a barrister or solicitor, and notifies the Registrar that he or she pleads not guilty to the offence.
(2) Before a Registrar receives and records a not guilty plea under subsection (1)(b), the Registrar must be satisfied that—
- (a) the defendant has been informed of the substance of the charge; and
- (b) the defendant—
  - (i) has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2000; and
  - (ii) has fully understood those rights; and
  - (iii) has had the opportunity to exercise those rights and has refused or failed to exercise those rights, or has engaged a barrister or solicitor to represent him or her and has subsequently terminated the engagement.
(3) If a Registrar receives and records a not guilty plea under subsection (1), the court has the same power to deal with the defendant as if he or she had appeared before it and pleaded not guilty.

Section 41A: inserted, on 1 November 1998, by section 6 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 41A(2)(b)(i): replaced, on 1 February 2001, by section 128 of the Legal Services Act 2000 (2000 No 42).

42 Plea of guilty may be withdrawn by leave of court

A plea of guilty may, by leave of the court, be withdrawn at any time before the defendant has been sentenced or otherwise dealt with.

43 Amendment of information where defendant appears

(1) Subject to the succeeding provisions of this section, where the defendant appears to answer a charge to which this Part applies, the court may amend the information in any way at any time during the hearing.

(2) Without limiting the generality of the powers conferred by subsection (1), it is hereby declared that those powers shall include power to amend an information by substituting one offence (whether an indictable offence or a summary offence) for another offence (whether an indictable offence or a summary offence), and shall also include power to amend the information to an information to which Part 5 applies.
(3) Where under subsection (2) any information is amended by substituting one offence for another, then, subject to the provisions of subsection (4), the following provisions shall apply:
- (a) subject to the provisions of paragraphs (b), (c), and (d), the hearing shall be continued as if the defendant had originally been charged with the substituted offence:
- (b) if the substituted offence is one to which section 66 applies, the defendant shall, before the hearing is continued, be entitled to elect to be tried by a jury for that offence, and the provisions of that section, with the necessary modifications, shall accordingly apply as if for the words “before the charge is gone into” in subsections (1) and (2) of that section there were substituted in each case the words “before the hearing is continued”:
- (c) before the hearing is continued, the substance of the charge as amended shall be stated to the defendant and he shall be asked how he pleads; and, if he pleads guilty, the court may convict him or deal with him in any other manner authorised by law:
- (d) any evidence already given shall be deemed to have been given in and for the purposes of the hearing of the charge as amended, but either party shall have the right to examine or cross-examine or re-examine any witness whose evidence has already been given in respect of the offence originally charged.
(4) Where under subsection (2) any information is amended to an information to which Part 5 applies, the case shall be dealt with under that Part in all respects as if the defendant had originally been charged under that Part with the indictable offence stated in the amended information.

(5) The court may, at the request of the defendant, if it is of opinion that he would be embarrassed in his defence by reason of an amendment made or proposed to be made under this section, adjourn the hearing of the case.

Compare: 1927 No 37 s 72(7)–(11); 1948 No 20 s 5; 1952 No 44 s 18(1)

43A Amendment of information to correct particulars of defendant

(1) Without limiting section 43, if at any time during the hearing, and whether or not the defendant appears to answer the charge, the court is satisfied that the particulars of the defendant as they appear on the information are incorrect, whether—
- (a) because of any mistake or omission in those particulars; or
- (b) because the name, address, or any other particulars of the defendant as stated on the information do not correctly identify the person by whom the offence stated in the information is alleged to have been committed, whether because the person identified on the information does not exist or is some other person or for any other reason,—
the court may, subject to subsections (3) to (6), make such amendments to the information as are necessary to correct the mistake or omission or, as the case may be, to ensure that the information correctly identifies that person.
(2) Without limiting the generality of the powers conferred by subsection (1), it is hereby declared that those powers include the power to amend the information by substituting, for all or any of the particulars of the defendant (including his or her name) as stated on the information, any other particulars.

(3) No power conferred by subsection (1) shall be exercised after the expiry of the period of 12 months from the date on which the information is laid.
(4) The court may, if it is of opinion that any person would be prejudiced by any amendment made or proposed to be made pursuant to this section, and that it would be contrary to the interests of justice to require that person to suffer that prejudice,—
- (a) refuse to make the amendment; or
- (b) if the amendment has already been made, dismiss the information, but any such dismissal shall not operate as a bar to any other proceedings in the same matter.
(5) The court may, at the request of the defendant, if it is of opinion that the defendant would be embarrassed in the defendant's defence by reason of an amendment made or proposed to be made pursuant to this section, adjourn the hearing of the case.
(6) Where the court amends an information pursuant to this section,—
- (a) the court may direct that a summons or, as the case requires, a further summons be issued to the defendant:
- (b) subject to paragraph (a) and to subsection (5), the hearing shall proceed in all respects as if the information had been originally framed as amended.
Section 43A: inserted, on 15 December 1994 (applying in respect of any information, whether laid before or after that date), by section 3(1) of the Summary Proceedings Amendment Act 1994 (1994 No 161).

44 Power of court to decline summary jurisdiction

(1) Where any summary prosecution of an indictable offence is commenced, the court may, at any time before the defendant has been sentenced or otherwise dealt with, decline to deal summarily with the offence, and may endorse on the information a certificate to that effect.
(2) Where a court declines under this section to deal summarily with an offence, then—
- (a) if the defendant has been found guilty or has pleaded guilty, the court shall commit him to the High Court for sentence, and the provisions of sections 169 to 171, as far as they are applicable and with the necessary modifications, shall apply. In such a case the District Court Judge shall cause the information, a statement of the facts of the case, and the bail bond (if any) to be sent to the Registrar of the High Court:
- (b) in any other case, the court shall deal with the case in all respects as if the offence were an indictable offence not punishable summarily.
Compare: 1936 No 58 s 42(2); 1952 No 41 ss 5, 14; 1955 No 79 s 2

Section 44(2)(a): amended, on 1 April 1996, by section 4 of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 44(2)(a): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 44(2)(a): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

44A Power of court to decline summary jurisdiction in case of certain summary offences

(1) Whenever the court commits a defendant to the High Court for sentence in respect of any offence, the court may also commit the defendant to the High Court for sentence in respect of any other offence—
- (a) that is related to the first-mentioned offence or arises from the same course of conduct as that offence; and
- (b) in relation to which the High Court would not, but for this subsection, have jurisdiction to sentence the defendant.
(2) Except as provided in subsection (3), the sentence that may be imposed by the High Court in any case referred under subsection (1) shall not exceed the sentence that could have been imposed in that case by the District Court.

(3) Where the High Court is satisfied that the District Court would have declined jurisdiction to sentence the defendant, the High Court may impose any sentence that it could impose in that case if the District Court had declined such jurisdiction.

Section 44A: inserted, on 1 April 1996, by section 5 of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Adjournments and bail

45 Power to adjourn

(1) The hearing of any charge may from time to time be adjourned by the court to a time and place then appointed.

(2) If at any time and place appointed for the hearing of any charge, or when a defendant is brought before a court on arrest, the court by reason of its constitution has no jurisdiction to hear the charge, any Justice or Community Magistrate may adjourn the hearing to a time and place then appointed.

(3) [Repealed]

Compare: 1927 No 37 ss 68, 86

Section 45(2): amended, on 30 June 1998, by section 12 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 45(3): repealed, on 29 June 2009, by section 4 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

45A Power of Registrar to adjourn

(1) A Registrar may, upon application, adjourn the hearing of any charge to a time and place then appointed if—
- (a) the defendant is not in custody at the time of the application; and
- (b) the application is made before the commencement of the hearing.
(2) If an adjournment is granted under subsection (1), the present conditions of bail (if any) continue, subject to section 34 of the Bail Act 2000, to the adjourned date of hearing.

(3) Whenever the Registrar grants an adjournment under this section, the Registrar shall notify each party in writing.
(4) For the avoidance of doubt, it is hereby declared that a Registrar may, upon application, grant an adjournment under subsection (1) if—
- (a) the defendant has been released on bail under section 21 of the Bail Act 2000; and
- (b) the application is made before the commencement of the hearing.
Section 45A: inserted, on 15 August 1991, by section 3 of the Summary Proceedings Amendment Act 1991 (1991 No 62).

Section 45A(2): replaced, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Section 45A(4): inserted, on 1 April 1996, by section 6(1) of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 45A(4)(a): amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

46 Dealing with defendant on adjournment

(1) Where any hearing is adjourned under section 45, and the defendant is liable on conviction to a sentence of imprisonment or the defendant has been arrested, the court or Justice or Community Magistrate may—
- (a) allow the defendant to go at large for the period of the adjournment; or
- (b) grant the defendant bail under the Bail Act 2000 for the period of the adjournment; or
- (c) remand the defendant in custody for the period of the adjournment.
(2) A Registrar may exercise the power conferred by subsection (1)(c) to remand a defendant in custody if—
- (a) both the defendant and the informant agree to the remand; and
- (b) the defendant—
  - (i) is legally represented or has indicated that he or she has received legal advice; or
  - (ii) has declined an opportunity to obtain legal advice.
(3) If a Registrar remands a person in custody under subsection (1)(c) the defendant must be brought before a court or Justice or Community Magistrate at the earliest opportunity if, at any time during the period of remand, the defendant withdraws his or her agreement under subsection (2)(a) and the court or Justice or Community Magistrate must declare what action (if any) should be taken under subsection (1) in respect of the defendant.

Section 46: replaced, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 46(3): replaced, on 29 June 2009, by section 5 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

46A Registrar may prohibit publication of names

[Repealed]

Section 46A: repealed, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

46AB Application of section 45 during epidemic

[Repealed]

Section 46AB: repealed, on 29 June 2009, by section 6 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

46AC Application of section 46 during epidemic

(1) While an epidemic management notice is in force, section 46 has effect as if the reference in subsection (3) to the earliest opportunity has effect as if it is a reference to the earliest opportunity that is reasonable in the circumstances.

(2) If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only.

(3) In this section, epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice.

Section 46AC: inserted, on 19 December 2006, by section 4 of the Summary Proceedings Amendment Act (No 2) 2006 (2006 No 91).

Section 46AC(1): replaced, on 29 June 2009, by section 7(1) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 46AC(3): inserted, on 29 June 2009, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

47 Warrant for detention of defendant remanded in custody

Where the defendant is remanded in custody under section 46, the court or Justice or Community Magistrate or Registrar must issue a warrant in the prescribed form for the detention of the defendant in custody for the period of the adjournment.

Section 47: replaced, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

48 Defendant, if bailable as of right, to be brought before court on request

[Repealed]

Section 48: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

49 Conditions of bail

[Repealed]

Section 49: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

49A Variation of conditions of bail

[Repealed]

Section 49A: repealed, on 1 August 1987, by section 2 of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

50 Release of defendant granted bail

[Repealed]

Section 50: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

50A Variation of conditions of bail

[Repealed]

Section 50A: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

51 Defendant may be admitted to bail by constable in certain cases

[Repealed]

Section 51: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

52 Mode of taking bail bond by constable

[Repealed]

Section 52: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

53 Defendant on bail may be arrested without warrant in certain circumstances

[Repealed]

Section 53: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

54 Failure to answer bail

[Repealed]

Section 54: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

55 Arrest of defendant who does not attend hearing

[Repealed]

Section 55: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

56 Effect on bond of attendance or non-attendance of person bailed by constable

[Repealed]

Section 56: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

57 Certification of non-performance of condition of bail bond

[Repealed]

Section 57: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

58 Estreat of bail bond

[Repealed]

Section 58: repealed, on 1 August 1987, by section 4 of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

59 Defendant in custody may be brought up before expiry of period of adjournment

Any defendant who has been remanded in custody on any charge and has not been released on bail may be brought before a court at any time to be dealt with on that charge, notwithstanding that the period for which he was remanded in custody has not expired.

Compare: 1927 No 37 s 148

Procedure at hearing

60 Evidence to be given on oath

[Repealed]

Section 60: repealed, on 1 August 2007, by section 215 of the Evidence Act 2006 (2006 No 69).

61 Powers of court when defendant does not appear

In any case where a summons has been served on the defendant a reasonable time before the hearing, or the defendant has been released on bail to attend personally at the hearing, and at the hearing only the informant appears, the following provisions shall apply:
- (a) if the offence charged is one in respect of which the defendant is entitled to elect to be tried by a jury, the court may either issue a warrant in the prescribed form to arrest the defendant and bring him before a court, or may adjourn the hearing to such time and on such conditions as the court thinks fit. If the defendant does not appear at the time to which the hearing is adjourned, the court or any Registrar may issue a warrant to arrest the defendant and bring him before a court:
- (b) if the offence charged is not one in respect of which the defendant is entitled to elect to be tried by a jury, then—
  - (i) if the defendant is liable on conviction to a sentence of imprisonment or if, following his arrest, he has been released on bail to attend personally at the hearing, the court may proceed with the hearing, or may issue a warrant in the prescribed form to arrest the defendant and bring him before a court, or may adjourn the hearing to such time and on such conditions as the court thinks fit:
  - (ii) in any other case the court may proceed with the hearing or may adjourn the hearing to such time and on such conditions as the court thinks fit:
- (c) if the offence charged is not one in respect of which the defendant is liable on conviction to a sentence of imprisonment, evidence of a fact or opinion which would be admissible if given by direct oral evidence, shall also be admissible if given by way of an affidavit.
Compare: 1927 No 37 ss 69(a), (b), 88

Section 61(a): amended, on 1 April 1996, by section 10(2) of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 61(c): inserted, on 1 September 1993, by section 10 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

61A Powers of Registrar to adjourn hearing or issue warrant to arrest defendant

(1) If the Registrar has the power to adjourn the hearing of any charge under section 45A, the Registrar may either—
- (a) adjourn the hearing; or
- (b) exercise the power conferred by section 61(a) or section 65 or section 66 to issue a warrant to arrest the defendant.
(2) If the Registrar does not have power to adjourn the hearing of any charge under section 45A, but considers that a warrant to arrest the defendant should be issued under section 61(a) or section 65 or section 66(7), the Registrar shall refer the matter to a District Court Judge who may direct the Registrar to issue a warrant to arrest the defendant.
(3) Subject to subsection (4), a Registrar may exercise any of the powers referred to in subsection (1)(b) if—
- (a) the Registrar is satisfied that the defendant was informed of the defendant's obligation to attend at the specified time and place; and
- (b) the defendant failed to so attend.
(4) A Registrar may not exercise any of the powers referred to in subsection (1)(b) if the Registrar is satisfied that the defendant failed to attend at the specified time or place because of a reasonable excuse.

Section 61A: inserted, on 1 April 1996, by section 10(1) of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 61A(3): replaced, on 1 November 1998, by section 9 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 61A(4): inserted, on 1 November 1998, by section 9 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

62 Powers of court when informant does not appear

Where at the hearing of any charge only the defendant appears, the following provisions shall apply:
- (a) if the defendant is in custody or has been released on bail and the informant has not had adequate notice of the hearing, the court shall adjourn the hearing to such time and place and on such conditions as it thinks fit to enable the informant to appear:
- (b) in any other case the court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the court thinks fit.
Compare: 1927 No 37 ss 69(d), 88

63 Powers of court when neither party appears

Where at the hearing of any charge neither the informant nor the defendant appears, the court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the court thinks fit.

Compare: 1927 No 37 s 88

64 Dismissal for want of prosecution not to operate as bar to other proceedings

The dismissal of an information for want of prosecution shall not operate as a bar to any other proceedings in the same matter.

65 Court to proceed when both parties appear

Where at the hearing of any charge both the informant and the defendant appear, the court shall proceed with the hearing:

provided that, if the defendant is not personally present, the court may, if it thinks fit, adjourn the hearing to such time and place and on such conditions as it thinks fit to enable him to be present, or, if he is liable on conviction to a sentence of imprisonment, may issue a warrant in the prescribed form to arrest him and bring him before the court.

Compare: 1927 No 37 s 69(e)

66 Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment

(1) Any person charged under this Part with an offence which is punishable by imprisonment for a term exceeding 3 months shall be entitled, before the charge is gone into but not afterwards, to elect to be tried by a jury. Before the defendant is called upon to make his election under this subsection, the substance of the charge shall be stated to him.

(1A) If a Registrar receives and records an election under section 66A(1), the substance of the charge need not be stated to the defendant under subsection (1).

(2) Except in any case in which subsection (7) or section 66A(1) applies, the court shall, before the charge is gone into in respect of an offence to which this section applies, inform the defendant of the right conferred on him by subsection (1) by causing him to be addressed to the following effect:

“This case is one where you have a choice of being tried here in this court or of being tried by a Judge and jury. Do you wish to be tried by a jury or by this court?”.

(3) Where a corporation is charged with an offence in respect of which an individual would be entitled under this section to elect to be tried by a jury, an election to be so tried may be made on behalf of the corporation by its representative; and, where the corporation does not appear by a representative or no such election is made on behalf of the corporation, the court may, subject to the provisions of this section, deal with the case summarily as if the offence were an offence to which subsection (1) did not apply.

(4) Where a defendant who is charged under this Part with an indictable offence elects under this section to be tried by a jury, the proceedings shall continue as if he had been charged on an information in form 2 of Schedule 2.

(5) Where a defendant who is charged with a summary offence elects under this section to be tried by a jury, the proceedings shall continue as if the offence were an indictable offence not punishable summarily, and, if he is committed for trial or for sentence, he may be dealt with accordingly.
(5A) If a defendant who is an individual is present in court and deliberately refuses to elect to be tried either by a jury or the court, or fails to make an election, after being addressed in the manner provided in subsection (2) and being warned, after refusing or failing to make an election, of the consequences of failing to make an election,—
- (a) the court must, unless it considers that the defendant may be under a disability, order—
  - (i) that the defendant be tried by the court instead of by a jury; or
  - (ii) if any defendant who is a co-accused is to be tried by a jury, that the defendant be tried by a jury instead of the court; and
- (b) an order of the court under paragraph (a) is to be treated subsequently as an election by the defendant to be tried by the court or, as the case requires, a jury.
(5B) Subsection (5A) is subject to subsection (7).

(6) A defendant who has elected under this section to be tried by a jury may, by leave of the court at any time before he is committed for trial or for sentence, withdraw his election, and thereupon the court may, notwithstanding anything in section 160, 161, 184I, 184J, or 184M, deal summarily with the case in all respects as if no such election had been made, and the foregoing provisions of this section shall no longer apply:

provided that where the court is presided over by 2 or more Justices or 1 or more Community Magistrates or a Registrar and the defendant has pleaded guilty to an offence which the court does not have jurisdiction to deal with summarily by reason of its constitution, the court shall record the plea and shall adjourn the proceedings for the defendant to be sentenced or otherwise dealt with by a court presided over by a District Court Judge.

(6A) Where a defendant who has elected under this section to be tried by a jury has pleaded guilty under sections 184I and 184J and he is not represented by a barrister or solicitor, the court, unless it considers that leave should not be granted to the defendant to withdraw his election, shall draw to his attention the provisions of subsection (6).

(7) Any barrister or solicitor who appears for the defendant may (whether or not the defendant is personally present) inform the court on his behalf that the defendant does not elect to be tried by a jury, or may (where the defendant is personally present) inform the court on his behalf that the defendant does elect to be so tried, and thereupon the court may proceed as if the defendant had personally made the election:

provided that, if it thinks fit, the court may, if the defendant is not personally present and his counsel or solicitor informs the court that the defendant does not elect to be tried by a jury, adjourn the hearing to such time and on such conditions as the court thinks fit to enable the defendant to be present or issue a warrant, in the prescribed form, to arrest him and bring him before the court.

Compare: 1927 No 37 s 124; 1936 No 58 s 42(2), (2A); 1952 No 41 ss 4, 14; 1952 No 44 s 20

Section 66(1A): inserted, on 1 November 1998, by section 10(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 66(2): replaced, on 23 November 1973, by section 10 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 66(2): amended, on 1 November 1998, by section 10(2) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 66(2): amended, on 1 May 1981, by section 8(1) of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 66(5A): inserted, on 26 June 2008, by section 8 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 66(5B): inserted, on 26 June 2008, by section 8 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 66(6): amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 66(6): amended, on 1 May 1981, by section 8(2) of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 66(6) proviso: inserted, on 16 October 1964, by section 5(1) of the Summary Proceedings Amendment Act 1964 (1964 No 22).

Section 66(6) proviso: amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 66(6) proviso: amended, on 30 June 1998, by section 17 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 66(6) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 66(6A): inserted, on 16 October 1964, by section 5(2) of the Summary Proceedings Amendment Act 1964 (1964 No 22).

Section 66(6A): amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

66A Registrar may receive elections

(1) A Registrar may receive and record an election under section 66 to be tried by a jury if—
- (a) the defendant is represented by a barrister or solicitor, and the barrister or solicitor notifies the Registrar, on the defendant's behalf, of the election; or
- (b) the defendant is not represented by a barrister or solicitor, and appears before the Registrar and notifies the Registrar of his or her election.
(2) Before a Registrar receives and records an election under subsection (1)(b), the Registrar must—
- (a) be satisfied that the defendant has been informed of the substance of the charge; and
- (b) be satisfied that the defendant—
  - (i) has been informed of his or her rights to legal representation, including the right to apply for legal aid under the Legal Services Act 2000; and
  - (ii) has fully understood those rights; and
  - (iii) has had the opportunity to exercise those rights and has refused or failed to exercise those rights, or has engaged a barrister or solicitor to represent him or her and has subsequently terminated the engagement; and
- (c) inform the defendant of the right to make an election in the manner set out in section 66(2).
(3) If a Registrar receives and records an election under subsection (1), the court has the same power to deal with the defendant as if he or she had appeared before it and made his or her election.

Section 66A: inserted, on 1 November 1998, by section 11 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 66A(2)(b)(i): replaced, on 1 February 2001, by section 128 of the Legal Services Act 2000 (2000 No 42).

67 Conduct of hearing

(1) Before any charge is gone into, the substance of the charge shall be stated to the defendant if he appears, and he shall be asked how he pleads

(1A) If a Registrar receives and records a not guilty plea under section 41A(1), the substance of the charge need not be stated to the defendant under subsection (1).

(2) If he pleads guilty, the court may convict him or deal with him in any other manner authorised by law.

(3) If he does not plead guilty, the hearing shall be conducted in accordance with the succeeding provisions of this section.

(4) The court shall first hear the informant and such evidence as he may adduce, and shall then hear the defendant and such evidence as he may adduce. It shall then hear such evidence as the informant may adduce in rebuttal of any evidence given by or on behalf of the defendant.

(5) Where the defendant refrains from giving evidence, or from calling his wife or her husband, as the case may be, as a witness, no comment adverse to the defendant shall be made thereon by the informant.

(6) The parties may examine, cross-examine, and re-examine witnesses.

(7) Unless the court otherwise directs, neither party may sum up his case or address the court upon the evidence given by either party:

provided that the defendant, whether or not he calls evidence, may address the court at the end of the informant's case.

(8) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in the enactment creating the offence, may be proved by the defendant, but, subject to the provisions of section 17, need not be negatived in the information, and, whether or not it is so negatived, no proof in relation to the matter shall be required on the part of the informant.

Compare: 1927 No 37 s 72(1)–(6)

Section 67(1A): inserted, on 1 November 1998, by section 12 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 67(7) proviso: replaced, on 23 November 1973, by section 11 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

67A Identification evidence

Where any evidence of identity is given against the defendant and the defendant disputes that evidence, the court shall bear in mind the need for caution before convicting the defendant in reliance on the correctness of any such identification and, in particular, the possibility that the witness may be mistaken.

Section 67A: inserted, on 11 December 1982, by section 2 of the Summary Proceedings Amendment Act 1982 (1982 No 47).

68 Decision of court

(1) The court, having heard what each party has to say and the evidence adduced by each, shall consider the matter and may convict the defendant or dismiss the information, either on the merits or without prejudice to its again being laid, or deal with the defendant in any other manner authorised by law.

(2) The court may, if it thinks fit, reserve its decision, and in that case may give it at any adjourned or subsequent sitting of the court or, except where a sentence of imprisonment is being imposed, may draw up the decision in writing, sign it, and send it to the Registrar.

(3) When a written decision is sent to the Registrar as aforesaid, he shall deliver it at a time and place appointed by him.

(4) Every reserved decision delivered by the Registrar shall be entered in the Criminal Records kept pursuant to section 71 and signed by the Registrar, and shall have the same force and effect as if given by the court on that date.

Compare: 1927 No 37 s 73

Section 68(4): amended, on 17 December 1976, pursuant to section 71(5).

69 Procedure where defendant liable to greater penalty because of previous convictions

(1) This section applies where—
- (a) a defendant is charged with an offence for which the penalty is greater if the defendant has previously been convicted of that offence or of some other offence; and
- (b) by reason of that greater penalty, the defendant is entitled, under section 66, to elect to be tried by a jury.
(2) Where this section applies,—
- (a) the information shall disclose the existence of the previous conviction or convictions which, if proved against the defendant or admitted by him or her, would make the defendant liable to the greater penalty; and
- (b) subject to subsection (4), where the information discloses such conviction or convictions, the provisions of section 66 shall apply in the ordinary way.
(3) No information shall be dismissed by reason only that it does not comply with the requirements of subsection (2)(a), but if any such information is not subsequently amended so as to comply with those requirements, then, notwithstanding any other enactment, the defendant shall be liable to the penalty to which he or she would be liable but for any previous convictions.

(4) Where, pursuant to section 43, an information for an offence is amended to disclose a previous conviction to which subsection (2) applies, then, unless the defendant has already been given the right, under section 66, to elect to be tried by a jury for that offence, the defendant shall then be given that right, and the provisions of section 66, as far as they are applicable and with the necessary modifications, shall apply.

(5) Nothing in this section shall affect the right of the court, when sentencing the defendant, to take any previous convictions into account.

(6) Nothing in this section limits section 341 of the Crimes Act 1961.

Section 69: replaced, on 15 December 1994, by section 4(1) of the Summary Proceedings Amendment Act 1994 (1994 No 161).

69AA Further provisions relating to previous convictions

(1) For the avoidance of doubt, it is hereby declared that in any case where—
- (a) section 69 applies; and
- (b) the defendant elects, under section 66, not to be tried by a jury,—
it shall not be necessary for the informant to prove any previous conviction to which section 69(2)(a) applies, where that conviction is not admitted by the defendant, until the issue of penalty for the offence arises.
(2) Nothing in subsection (1) limits or affects any other enactment or rule of law that prohibits or regulates the admission of evidence relating to the previous convictions of the defendant.
(3) For the purpose of proving any previous conviction to which section 69(2)(a) applies in any proceedings in which the defendant is dealt with summarily, the production of a certificate containing the substance of the conviction for the offence, purporting to be signed by the Registrar or other officer having the custody of the records of the court by or before which the offender was convicted, shall—
- (a) be sufficient evidence of the conviction without proof of the signature or official character of the person appearing to have signed the certificate; and
- (b) in the absence of evidence to the contrary, if the name of the offender stated in the certificate is the name of the defendant, constitute prima facie evidence that the offender so stated is the defendant.
(4) The mode of proving a previous conviction authorised by this section shall be in addition to, and not in exclusion of, any other mode authorised by law.

Section 69AA: inserted, on 15 December 1994, by section 4(1) of the Summary Proceedings Amendment Act 1994 (1994 No 161).

69A Proof of previous convictions

(1) Where any person is charged with any summary offence or with any indictable offence that may be dealt with summarily, the informant may serve on the defendant a notice in writing specifying any alleged previous conviction proposed to be brought to the notice of the court in the event of his conviction of the offence charged.
(2) Any such notice shall specify—
- (a) the date of the alleged conviction; and
- (b) the court in which the conviction was entered; and
- (c) the nature of the offence; and
- (d) the sentence of the court in respect of the conviction (including any order of the court made on the conviction); and
- (e) a statement to the effect that the court may, where the defendant is not present in person before the court and has not notified the court in writing that he disputes any such conviction or any material details in connection with the conviction, in the event of the conviction of the defendant take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it.
(3) In the event of the conviction of the defendant and upon proof that the notice was served on him not less than 7 clear days previously, the court may, if the defendant is not present in person before the court and has not notified the court in writing that he disputes the conviction or any material details in connection with the conviction, take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it.

Section 69A: inserted, on 1 January 1970, by section 4(1) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

70 Order for restitution of stolen property or payment of its value

[Repealed]

Section 70: repealed, on 1 January 1962, by section 4(1)(d) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

71 Criminal Records

(1) The Registrar of each court appointed for the exercise of criminal jurisdiction shall keep Criminal Records in the prescribed form, in which shall be entered a minute or memorandum of all proceedings in the court under its criminal jurisdiction. Every such minute or memorandum shall be signed by the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates presiding over the court.

(1A) A statement of the way in which the requirements of section 30 of the Sentencing Act 2002 have been satisfied shall be entered in the Criminal Records of each court in respect of all proceedings under its criminal jurisdiction to which that section applies.

(1B) Subsection (1) does not apply in respect of proceedings commenced in the way described in section 21(3) or (3D).

(2) If an information is heard at any place other than a courthouse, a minute or memorandum of the decision shall be endorsed on the information, and the minute or memorandum shall be signed by the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates presiding over the court. The information shall be forwarded to the nearest courthouse there to be kept, and the Registrar shall make and sign an appropriate entry in respect of the case in the Criminal Records kept by him.

(3) Any entry in the Criminal Records or a copy thereof or extract therefrom, sealed with the seal of the court and purporting to be signed and certified by the Registrar as a true copy or correct extract, shall at all times without further proof be admitted in all courts and places whatsoever as evidence of the entry and proceeding referred to thereby and of the regularity of that proceeding.

(4) Any such copy of any entry in the Criminal Records or any such extract therefrom may be given to any person who the Registrar is satisfied has a genuine and proper interest in obtaining the copy or extract. In any case of doubt or difficulty the Registrar may refer the matter to a District Court Judge, whose decision shall be final.

(5) Every reference to a Criminal Record Book in this Act or in any other Act or in any regulation, rule, bylaw, order, or other enactment or in any deed, instrument, notice, or other document whatsoever, shall, unless the context otherwise requires, be read as a reference to the Criminal Records kept pursuant to this section.

Compare: 1927 No 37 s 74; 1947 No 16 s 28

Section 71 heading: amended, on 17 December 1976, pursuant to section 71(5).

Section 71(1): amended, on 30 June 1998, by section 18 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 71(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 71(1): amended, on 17 December 1976, by section 6(1) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 71(1A): replaced, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).

Section 71(1A): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 71(1B): inserted, on 1 March 2007, by section 8 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 71(2): amended, on 30 June 1998, by section 18 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 71(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 71(2): amended, on 17 December 1976, by section 6(3) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 71(3): amended, on 17 December 1976, by section 6(3) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 71(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 71(4): amended, on 17 December 1976, by section 6(3) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 71(5): inserted, on 17 December 1976, by section 6(4) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Costs and witnesses' expenses

72 Costs

[Repealed]

Section 72: repealed, on 1 April 1968, by section 14(2) of the Costs in Criminal Cases Act 1967 (1967 No 129).

73 Witnesses' expenses

(1) The court may order any party at whose instance a witness appears at the court to pay the costs and expenses of that witness, not exceeding the amount provided for in any scale prescribed by regulations under this Act.

(2) Any such order may be enforced in the same manner as a fine.

Compare: 1927 No 37 ss 84, 85

Complaints

74 Provisions of this Part to apply to complaints

Subject to the provisions of any other Act, the provisions of this Part, as far as they are applicable and with the necessary modifications, shall apply to proceedings brought by way of complaint as if they were proceedings brought on an information, and as if references in this Part to the informant were references to the complainant, as if references to a charge or to an offence were references to the ground of the complaint, and as if references to a conviction were references to an order.

Compare: 1927 No 37 ss 14(3), (4), 15, 110–113; 1939 No 11 s 20(2)

Rehearings

75 District Court Judge or Justice or Registrar or Community Magistrate may grant a rehearing

(1) Where on the hearing of any information or complaint the defendant has been convicted or, as the case may be, an order has been made against him, the District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates who presided over the court before which the information or complaint was heard may, in his or their discretion, grant a rehearing of the information or complaint, either as to the whole matter or only as to the sentence or order, as the case may be, upon such terms as he or they think fit:

provided that, if any such District Court Judge or Justice or Community Magistrate has since the date of the hearing ceased to hold office as such or died or left New Zealand, or if for any other reason it is impracticable that he should be present to hear the application for rehearing, any District Court Judge may grant a rehearing.

(1AA) If, on the hearing of any information or complaint, the defendant has been convicted or, as the case may be, an order has been made against the defendant, a Registrar may, if the informant does not object, grant a rehearing of the information or complaint, either as to the whole matter or only as to the sentence or order (as the case may be) and on such terms as the Registrar thinks fit.
(1A) Where a registered or ordinary letter has been used for the service on a defendant of any summons, copy of a notice of prosecution under section 20A, and on the hearing of the matter the defendant has been convicted or, as the case may be, an order has been made against him, in his absence, a District Court Judge or the Registrar (not being a constable) shall, if he is satisfied that the defendant did not receive the summons or notice or copy of the notice:
- (a) grant a rehearing of the matter and set it down for hearing at a later date; and
- (b) issue another summons, or require another copy of the notice to be served on the defendant, as the case may be; and, in any such case, the summons or copy shall not be served by registered letter.
(2) When a rehearing has been granted, the conviction or, as the case may be, the sentence only or the order made on the hearing shall immediately cease to have effect.

(3) A rehearing which has been granted may be proceeded with immediately, or the District Court Judge or Justice or Justices or Registrar or Community Magistrate or Community Magistrates may set it down for hearing at a later date.

(4) If a rehearing is granted in any case where the defendant was on conviction sentenced to a term of detention which has not expired, but the rehearing is not proceeded with immediately, the District Court Judge or Justice or Justices shall, subject to the provisions of section 7 and sections 9 to 12 of the Bail Act 2000 and of section 142 of the Criminal Justice Act 1985, remand the defendant in custody until the date appointed for the rehearing.

(5) On any rehearing the court shall have the same powers and shall follow the same procedure as if it were the first hearing; and in particular, on the rehearing as to the whole matter of any information for an offence to which section 66 applies, the defendant shall be entitled to elect to be tried by a jury in accordance with the provisions of that section.

(6) If the defendant does not appear on the date set down for the rehearing of any information or complaint, the court may, if it thinks fit, without rehearing the case direct that the original conviction, sentence, or order shall be restored.

Compare: 1927 No 37 ss 122, 123; 1948 No 20 ss 8, 9(2)

Section 75 heading: amended, on 1 November 1998, by section 13(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 75 heading: amended, on 30 June 1998, pursuant to section 19 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 75 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 75(1): amended, on 30 June 1998, by section 19(a) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 75(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 75(1) proviso: amended, on 30 June 1998, by section 19(b) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 75(1) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 75(1AA): inserted, on 1 November 1998, by section 13(1) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 75(1A): replaced, on 1 November 1981, by section 17(3) of the Transport Amendment Act 1980 (1980 No 96).

Section 75(1A): amended, on 1 November 1987, by section 9 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 75(1A): amended, on 1 April 1985, by section 4(2)(a) of the Summary Proceedings Amendment Act 1985 (1985 No 51).

Section 75(1A)(b): amended, on 1 April 1985, by section 4(2)(b) of the Summary Proceedings Amendment Act 1985 (1985 No 51).

Section 75(3): amended, on 1 November 1998, by section 13(2) of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 75(3): amended, on 30 June 1998, by section 19(a) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 75(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 75(4): amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 75(4): amended, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).

Section 75(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Miscellaneous

76 Proceedings against parties to offences

Every party to an offence (not being the person who actually committed it) may be proceeded against and convicted for that offence, either together with the person who actually committed it or before or after the conviction of that person.

Compare: 1927 No 37 s 54

77 Power of the court to amend defective sentences

(1) If on the conviction of the defendant the court imposes a sentence or makes an order that is not within the jurisdiction of the court to impose or make, or does not impose a sentence or make an order that it is required by law to impose or make, then, at any time thereafter, unless proceedings in relation to the conviction are pending in the High Court, the District Court Judge who presided over the court, or, if that District Court Judge is not available or if the court was presided over by 1 or more Justices or by 1 or more Community Magistrates, any District Court Judge, may set aside any sentence or order imposed or made and impose a sentence and make an order that is within the jurisdiction of the court or that the court is required by law to impose or make, and all necessary alterations shall be made in any warrant or other document and in the Criminal Records kept pursuant to section 71 to give effect thereto.

(2) The powers conferred by this section may be exercised from time to time in respect of the same conviction.

Section 77(1): amended, on 30 June 1998, by section 20 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 77(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 77(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 77(1): amended, on 17 December 1976, pursuant to section 71(5).

Section 77(1): amended, on 1 November 1961, by section 7 of the Summary Proceedings Amendment Act 1961 (1961 No 44).

77A Stay of proceedings

(1) The Attorney-General may, at any time after an information has been laid against any person under this Part and before that person has been convicted or otherwise dealt with, direct that an entry be made in the Criminal Records kept pursuant to section 71 that the proceedings are stayed by his direction, and on that entry being made the proceedings shall be stayed accordingly.

(2) If an information is laid against the Crown Law Office in respect of an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002, any decision to issue a direction under subsection (1) in respect of the proceedings to which the information relates must be made by the Attorney-General personally.

Section 77A: inserted, on 29 September 1967, by section 2 of the Summary Proceedings Amendment Act 1967 (1967 No 33).

Section 77A(1): amended, on 17 December 1976, pursuant to section 71(5).

Section 77A(2): inserted, on 18 October 2002, by section 31 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

78 Court may state case for opinion of High Court

(1) On the hearing by a District Court of any information or complaint, the court may state a case for the opinion of the High Court on any question of law arising in the proceedings.

(2) The High Court may order the removal into the Court of Appeal of any case stated under this section; and on the removal the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

(3) Either party may, with the leave of the High Court or of the Court of Appeal, appeal to the Court of Appeal against any decision of the High Court on any case stated under the provisions of this section, and the provisions of section 144, as far as they are applicable and with the necessary modifications, shall apply with respect to the appeal as if it were an appeal under that section.

(4) On the removal of any case to the Court of Appeal or on an appeal to the Court of Appeal under this section, the decision of the Court of Appeal shall be final; and the same judgment shall be entered in the High Court, and the same execution and other consequences and proceedings shall follow thereon, as if the decision had been given in the High Court.

Compare: 1946 No 13 ss 4, 5

Section 78 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 78(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 78(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 78(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 78(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 78(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

78A Conviction not to be recorded for infringement offences

(1) Notwithstanding any other provision of this or any other Act, where in proceedings for an infringement offence (whether being an offence for which an infringement notice has been issued or not) the defendant is found guilty of, or pleads guilty to, the offence and the court would, but for this subsection, convict the defendant, the court shall not convict the defendant but may order the defendant to pay such fine and costs and may make such other orders as the court would be authorised to order or make on convicting the defendant of the offence.
(2) Every reference in this or any other Act or in any regulation or bylaw to a conviction for an offence shall, in relation to an infringement offence where—
- (a) an order has been made as referred to in subsection (1) that the defendant pay a fine and costs; or
- (b) an order is deemed by virtue of section 21(5) to have been made that the defendant pay a fine and costs,—
be deemed to be a reference to the making of that order.
Section 78A: replaced, on 1 November 1987, by section 10 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

78B Power to correct irregularities in proceedings for infringement offences

(1) This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21 and—
- (a) a District Court Judge or Registrar, on the application of the defendant, is satisfied on the basis of information provided with the application that—
  - (i) the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or
  - (ii) the defendant (not being a defendant who, under section 78C(1) or (3), is ineligible to rely on this ground) did not in fact receive the reminder notice required to have been served on the defendant under section 21; or
  - (iia) the defendant did not in fact receive a copy of the notice of hearing required to have been served on the defendant under section 21; or
  - (iii) some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or
  - (iv) the defendant believed on reasonable grounds that he or she had requested a hearing under section 21, but this request was not acted on by the informant; or
  - (v) the defendant reasonably believed that he or she had been advised by the informant that action would not be taken under section 21(3); or
  - (vi) the defendant reasonably believed that he or she had been advised by the informant that further time for requesting a hearing would be allowed under section 21(6)(b), but action was taken under section 21(3) before that further time had expired; or
  - (vii) the defendant—
    - (A) had, in writing, requested further relevant information from the informant in relation to the infringement offence; and
    - (B) had made the request within a time that would reasonably enable the informant to respond before the earliest time at which the informant would be entitled to take action under section 21(3); and
    - (C) believed on reasonable grounds that the informant had not refused to provide the requested information and that action would not be taken under section 21(3) before that information had been provided; and
    - (D) was not provided with the information before action was taken under section 21(3); or
  - (viii) the defendant paid the infringement fee to the informant at the address specified in the infringement notice before or within 28 days after service on the defendant of a reminder notice in respect of the offence to which the notice relates; or
- (b) the informant applies to a District Court Judge or Registrar to withdraw the reminder notice filed or deemed to have been filed under section 21.
(1A) No more than 1 application, made in reliance on the ground stated in subsection (1)(a)(ii), may be granted in respect of the same defendant for the same infringement offence.
(1B) An application under subsection (1) may be made—
- (a) in writing in a form approved under section 209A; or
- (b) electronically in a manner approved by the chief executive of the Ministry of Justice.
(1C) An application under subsection (1) may be—
- (a) made to any court; and
- (b) considered in another court besides the one to which it is made.
(2) The Judge or, subject to subsections (3) and (4), the Registrar may do 1 or more of the following:
- (a) authorise the informant to serve a reminder notice on a person other than the defendant (being a person to whom the infringement notice was issued or on whom it was deemed to have been served):
- (b) authorise the informant to serve on the defendant another copy of the reminder notice or the notice of hearing and, for that purpose, require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:
- (c) grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing immediately if both parties agree, or set it down for a later date:
- (d) set aside or modify the order:
- (e) make any other order as to costs or otherwise that the Judge or Registrar considers appropriate in the circumstances.
(3) If a Registrar considering an application under subsection (1)(a) is satisfied that any of subparagraphs (i) or (iv) to (vii) of subsection (1)(a) applies, the Registrar must not exercise the power conferred by subsection (2)(a) or (b) except with the consent of the informant.

(4) A Registrar may not exercise the power conferred by subsection (2)(d) except where the application is made under subsection (1)(a)(viii) or (1)(b).

(4A) A Judge or Registrar must deal with an application under subsection (1) on the papers unless the Judge or Registrar considers that a hearing is necessary.
(4B) While an application under subsection (1) is pending,—
- (a) no warrant, order, or notice may be issued or take effect to enforce the order to which that application relates; and
- (b) the Registrar must take appropriate steps to ensure that the order is not acted on.
(4C) Despite subsection (4B), if, before an application under subsection (1) is made, any property has been seized under a warrant to seize property to enforce the order to which that application relates,—
- (a) any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3) while the application is pending; or
- (b) if the seized property has been sold but the proceeds of sale have not been applied in accordance with section 100N or 100R, the proceeds must be retained while the application is pending.
(4D) If the order to which the application relates continues in effect after the application is determined or is discontinued, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
(4E) If, on the determination of the application, the order is set aside or ceases to have effect in accordance with subsection (5), the owner—
- (a) is entitled to—
  - (i) the return of the property if the property has been retained in accordance with subsection (4C)(a); or
  - (ii) the proceeds of any sale if the proceeds have been retained in accordance with subsection (4C)(b); and
- (b) is not liable for any fees and costs payable under an enactment in respect of the property.
(4F) In any case where a Judge or Registrar gives a direction authorising the service of a reminder notice or a copy of a reminder notice under subsection (2)(a) or (b) (a new reminder notice) in replacement of, or by reference to, a previous reminder notice, then—
- (a) section 21(3)(b), (3D)(b), and (10)(a), if applicable to the case, apply as if the reference to the date of service of the reminder notice were a reference to the date of the direction by the Judge or Registrar; and
- (b) section 21(3B), (5)(a), (5A)(a), and (8)(d), if applicable to the case, apply as if the reference to the time when the offence is alleged to have been committed were a reference to the date of the direction by the Judge or Registrar.
(4G) If, under subsection (2)(b), a Judge or Registrar authorises the informant to serve on the defendant a new reminder notice, the defendant may not give notice requesting a hearing in respect of the infringement offence to which the notice relates if the Registrar is satisfied that the notice was filed following the defendant's default in paying 1 or more instalments under an arrangement entered into under section 21(3A) or (3C)(a).

(4H) If, under subsection (2)(d), an order is set aside following an application made by the informant under subsection (1)(b), the setting aside is not a bar to any other proceedings in the same matter.

(5) If a Judge or Registrar exercises a power under subsection (2)(a), (b), or (c), the order made or deemed to have been made against the defendant ceases to have effect and the Registrar must take appropriate steps to ensure that the order is not acted on.

(6) If a defendant granted a hearing or rehearing under this section does not appear, the court may, if it thinks fit, without hearing or rehearing the matter, direct that the original order be restored.

Section 78B: replaced, on 9 October 2006, by section 9 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 78B(1)(a): amended, on 1 August 2012, by section 8(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1)(a)(ii): replaced, on 1 August 2012, by section 8(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1)(a)(iia): inserted, on 1 August 2012, by section 8(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1)(a)(viii): inserted, on 1 August 2012, by section 8(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1A): inserted, on 1 August 2012, by section 8(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1B): inserted, on 1 August 2012, by section 8(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(1C): inserted, on 1 August 2012, by section 8(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(2)(c): amended, on 1 August 2012, by section 8(5) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4): replaced, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4A): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4B): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4C): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4D): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4E): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4F): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4G): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 78B(4H): inserted, on 1 August 2012, by section 8(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

78C Certain defendants ineligible to rely on non-receipt of reminder notice

(1) A defendant is not eligible to rely, under section 78B(1)(a)(ii), on the ground that the defendant did not in fact receive a reminder notice if the Registrar is satisfied that the defendant was personally served with the infringement notice to which the reminder notice relates.
(2) However, even though a defendant has been personally served with an infringement notice relating to an infringement offence, subsection (1) does not apply to the defendant if the defendant—
- (a) has entered into an arrangement, under section 21(3A) or (3C)(a), in respect of that infringement offence; and
- (b) following a default in the payment of 1 or more instalments under that arrangement, has been served by ordinary post with a reminder notice in respect of that infringement offence.
(3) In the case of an infringement notice issued for an owner liability offence, the defendant is not eligible to rely on the ground stated in section 78B(1)(a)(ii) unless the Registrar is satisfied that, at the date of the commission of that offence, the defendant complied or was not responsible for complying with any applicable obligations imposed on the defendant by Part 17 of the Land Transport Act 1998 and any regulations made under that Act in respect of the motor vehicle to which the infringement notice relates.

(4) The Registrar must be satisfied of the matters referred to in subsection (3) on the basis of documentary evidence of a kind approved by the Registrar.

(5) In this section, owner liability offence means an offence referred to in section 41A of the Transport Act 1962 or section 133 of the Land Transport Act 1998.

Section 78C: inserted, on 1 August 2012, by section 9 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Part 3
Enforcement of fines

Part 3: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

79 Interpretation

(1) In this Part, unless the context otherwise requires,—
amount of reparation or reparation means—
- (a) any amount that is required to be paid under a sentence of reparation; or
- (b) any amount that is required to be paid under an order of reparation
chief executive means the chief executive of the Ministry of Justice

default balance means the amount owed by a defendant in respect of 1 or more overdue fines

employer includes, in relation to payments of the kind referred to in this section in the definition of salary or wages, the person or body making the payments
fine—
- (a) includes any amount of money, or any part of an amount of money, that a person is obliged to pay under a sentence or an order imposed by a court, whether that amount is described as a fine or as costs, levies, expenses, fees, reparation, or otherwise; and
- (b) includes any offender levy and any prescribed costs, expenses, or fees payable in respect of the enforcement of an obligation to pay any amount of money, or any part of an amount of money, described in paragraph (a); but
- (c) does not include any amount of money ordered to be paid in a civil proceeding
hire purchase agreement means—
- (a) an agreement under which goods are let or hired with an option to purchase, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid:
- (b) an agreement for the purchase of goods by instalment payments, however the agreement describes the payments, under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid
imposed, in relation to a fine, includes ordered and deemed to be ordered

impoundment costs, in relation to a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, means the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167 of that Act, and, where those fees and charges have already been paid by the chief executive, means the amount required to reimburse the chief executive for that payment

interest means any proprietary interest, whether legal or equitable, and whether vested or contingent

lease does not include a hire purchase agreement or a rental service agreement to which the holder of a rental service licence under the Land Transport Act 1998 is a party

negotiable instrument has the same meaning as in section 16 of the Personal Property Securities Act 1999

offender levy means a levy imposed under section 105B of the Sentencing Act 2002
order of reparation means—
- (a) an order made under section 106, 108, or 110 of the Sentencing Act 2002; or
- (b) an order made in respect of a child, or any parent or guardian of that child, under section 84(1)(b) of the Children, Young Persons, and Their Families Act 1989; or
- (c) an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) of the Children, Young Persons, and Their Families Act 1989; or
- (d) an order that—
  - (i) requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and
  - (ii) is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of this Part
overdue, in relation to a fine, means—
- (a) that the fine has, in breach of the provisions of an enactment or the terms of a sentence, an order, or a direction, not been paid in full within the time provided or fixed by the enactment, sentence, order, or direction; and
- (b) that the defendant's obligation to pay the fine has not been resolved
person who is registered, in relation to a motor vehicle, means the person who is registered under the Land Transport Act 1998 in respect of the vehicle, and where several persons are so registered, means any one of those persons

property includes money and negotiable instruments
resolved, in relation to a defendant's obligation to pay a fine, means that—
- (a) the fine is being reduced, or is to be reduced,—
  - (i) by an arrangement under any of sections 81, 86, and 86C; or
  - (ii) by a deduction notice issued under section 83(1B)(b), 83(2)(c), 87(2)(c), 87B(1A), or 88AE(1)(a); or
  - (iii) by an attachment order issued under section 87(2)(b) or 88AE(1)(a); or
  - (iv) in accordance with a direction given under section 88AE(1)(h); or
- (b) the defendant is currently subject to a substituted sentence in respect of that fine; or
- (c) the fine may not be further enforced because of a direction given under section 88AE(1)(i); or
- (d) the order to pay the fine is set aside under section 78B(2)(d) or the fine otherwise ceases to be payable as a result of an appeal
salary or wages includes—
- (a) a retiring allowance or pension or other payment of a similar nature:
- (b) all payments of weekly compensation made by the Accident Compensation Corporation under the Accident Compensation Act 2001:
- (c) a bonus or an incentive payment:
- (d) a payment of commission:
- (e) a payment in consideration of work performed under a contract for services:
- (f) a benefit
secured party has the same meaning as in section 16 of the Personal Property Securities Act 1999, except that the reference to security interest is a reference to security interest as defined by this subsection

security agreement has the same meaning as in section 16 of the Personal Property Securities Act 1999, but does not include a lease

security interest has the same meaning as in section 17 of the Personal Property Securities Act 1999, but does not include a lease

substituted sentence means a warrant of commitment issued under section 83(2)(a) or 88AE(1)(b) or any sentence imposed under section 88AE(1)(c) to (e)

traffic fine means a fine payable in respect of a traffic offence
traffic offence means—
- (a) any offence against the Transport Act 1962, the Road User Charges Act 2012, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Management Act 2003 or against any regulation, rule, or bylaw made under any of those Acts:
- (b) any offence against any regulation, rule, or bylaw made under any other Act if the offence relates to the use of motor vehicles or parking places or transport stations
use, in relation to a motor vehicle, includes driving, drawing, towing, or propelling by means of another vehicle, and permitting to be on any road

written caution means a caution issued under section 93.
(2) For the purposes of this section and sections 93 to 100T, a person is, in relation to a defendant, a substitute for the defendant or a substitute if—
- (a) the person is served with a written caution, under section 93, about the defendant's default in paying a traffic fine for a traffic offence; and
- (b) within 4 years after the date of service of that written caution, the defendant—
  - (i) commits a further traffic offence while using a motor vehicle that, at the time of the commission of that further offence, the person owned or had an interest in; and
  - (ii) has a traffic fine imposed on him or her for that further traffic offence; and
  - (iii) defaults, and continues to be in default, on the fine described in subparagraph (ii).
(3) For the purposes of sections 93 to 100T, property is owned by a person whether the person owns it solely or as a joint tenant or tenant in common with any other person.

(4) For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
(5) A reference in sections 93 to 100T to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the person who is registered in respect of the motor vehicle but whose purported ownership or registration is subject to an understanding or arrangement that the person—
- (a) is not to acquire any rights, or only limited rights, in the motor vehicle; and
- (b) will, in relation to the motor vehicle, act on behalf of the defendant or a substitute for the defendant.
Section 79: replaced, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Service under this Part

Heading: inserted, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

79A Service of documents under this Part

(1) If a person is required to serve a document under this Part, the requirement may be met in any of the following ways:
- (a) by an authorised process server—
  - (i) delivering the document to the recipient or bringing it to the recipient's notice if the recipient refuses to accept it; or
  - (ii) in the case of a written caution,—
    - (A) leaving the document for the recipient at the recipient's place of residence with another person (other than the defendant) who appears to be of or over the age of 14 years; or
    - (B) leaving the document for the recipient at the recipient's place of business or place of work with another person (other than the defendant); or
  - (iii) in any other case,—
    - (A) leaving the document for the recipient at the recipient's place of residence with another person who appears to be of or over the age of 14 years; or
    - (B) leaving the document for the recipient at the recipient's place of business or place of work with another person:
- (b) by sending the document to the recipient by prepaid post addressed to the recipient's last known place of residence or business:
- (c) if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form:
- (d) if authorised by regulations made under section 212, by the Registrar or the chief executive conveying, in accordance with those regulations, the contents of the document to the recipient orally (including by telephone).
(2) However, a District Court Judge or Justice or Community Magistrate or the Registrar may, if he or she thinks fit, direct that a document must be served in accordance with subsection (1)(a)(i).

(3) For recipients to whom section 79B applies, subsection (1) is modified to the extent provided by that section.

(4) Despite subsection (1), a written caution under section 93 must be served by an authorised process server in accordance with paragraph (a) of that subsection or, where applicable, section 79B(2)(b) or (4).
(5) In this section and in section 79B,—

authorised process server means a person who is—
- (a) a constable; or
- (b) a Police employee authorised by the Commissioner of Police to serve documents under this Part; or
- (c) an officer of the court; or
- (d) a person or a member of a class of persons authorised by a District Court Judge or Registrar to serve documents either generally or in respect of a particular case or class of case; or
- (e) an officer or employee of a corporation that is authorised by the Secretary for Justice to serve documents under this Part
officer, in relation to a body corporate or Crown organisation, includes a person involved in the decision making or management of the body or organisation

recipient means the person required to be served
serve, in relation to a document,—
- (a) includes giving the document to a person; but
- (b) does not include filing the document in a court under rules of court or otherwise.
Section 79A: inserted, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

79B Service provisions modified in special cases

(1) If a document is served in accordance with this section, it is, for the purposes of section 79A, taken to be served on the recipient concerned.
(2) If the recipient is a body corporate or a Crown organisation, a document may be served—
- (a) if it may be sent under section 79A(1)(b) or (c) by being sent, in accordance with either of those paragraphs, to the body corporate or Crown organisation for the attention of an officer or employee of that body or organisation:
- (b) by an authorised process server delivering the document to an officer or employee of the body corporate or Crown organisation at its head office, principal place of business, or registered office, or bringing it to the officer's notice or the employee's notice if that person refuses to accept it.
(3) If a solicitor has signed a memorandum stating that the solicitor is authorised to accept service of a document on behalf of the recipient, the document may be served on the solicitor in any way authorised by section 79A.
(4) In addition to the ways of service authorised by section 79A, an authorised process server may, in the following cases, serve a document by delivering or sending it to, or by leaving it with,—
- (a) in the case of a recipient who lives or works on board a vessel (including a vessel belonging to the Royal New Zealand Navy), the person on board who is apparently in charge of the vessel:
- (b) in the case of a recipient who is a member of the New Zealand Armed Forces, the officer apparently in command of the unit or detachment to which the recipient belongs:
- (c) in the case of a recipient who is a prisoner, the manager or other officer apparently in charge of the prison.
Section 79B: inserted, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

79C Manner of notification not requiring particular document

(1) If a provision in this Part requires or contemplates that an official notify a person about a matter, without requiring that the person receive a particular document, the official may notify the person face to face or by telephone, or by prepaid post, fax, email, text, or other electronic means.
(2) In this section, official means—
- (a) a Registrar; or
- (b) a bailiff; or
- (c) any other officer of the court; or
- (d) the chief executive; or
- (e) a person authorised by the chief executive.
Section 79C: inserted, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

79D Proof of service or notification

(1) The service of any document or the notification of a matter may be proved—
- (a) by affidavit or oral evidence made or given by the person who served the document or made the notification, stating the fact, date, time, and mode of service or notification; or
- (b) by an endorsement on a copy of the document or, where applicable, on a printout that records an electronic document, showing the fact, date, time, and mode of service or notification; or
- (c) in any manner prescribed by regulations.
(2) An endorsement under subsection (1)(b) must be signed by the person who served the document or who made the notification.

(3) Every person who wilfully endorses any false statement of the fact, date, time, or mode of service on a copy of any document or on a computer printout commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

(4) If a document is served by sending it by prepaid post, then, unless the contrary is shown, the document is served when it would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter concerned was properly addressed and posted.

(5) If a document is served by sending it in electronic form, then, unless the contrary is shown, the document is served at the time the electronic communication first enters an information system outside the control of its originator, and in proving service it is sufficient to prove that the document concerned was properly addressed and sent.

(6) In this section, information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications.

Section 79D: inserted, on 13 February 2012, by section 10 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

80 Fines generally payable within 28 days

Except as otherwise provided in this Act or the Sentencing Act 2002, every fine shall be paid within 28 days after the day on which it is imposed.

Compare: 1957 No 87 s 84

Section 80: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 80: amended, on 13 February 2012, by section 12 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

81 Time to pay or payment by instalments

(1) If a fine is payable, the court may—
- (a) make an order doing either or both of the following:
  - (i) allowing a greater time than 28 days for payment:
  - (ii) allowing payment to be made by instalments; or
- (b) direct the Registrar to determine whether to enter into an arrangement with the defendant allowing greater time to pay or to pay by instalments, or both, under section 86.
(2) If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)(a) or an arrangement entered into under section 86—
- (a) must include payment of—
  - (i) the reparation:
  - (ii) the levy; and
- (b) must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E.
(3) The court may take into account information received from any source about the defendant's financial capacity before making an order under subsection (1)(a).

(4) If the court makes an order under subsection (1)(a) and the court is subsequently satisfied either that the defendant provided false or misleading information about the defendant's financial capacity before the order was made or that the defendant's financial capacity has changed significantly since the order was made, the court may, after giving the defendant the opportunity to be heard, vary, suspend, or cancel the order.

Section 81: replaced, on 13 February 2012, by section 13 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

82 Financial capacity of defendant

(1) If a court, on the determination of a complaint, proposes to order that the defendant pay a fine, the court must take into account the defendant's financial capacity, and sections 41 to 43 of the Sentencing Act 2002 apply with any necessary modifications.

(2) If a court is considering making an order under section 81(1)(a) or 83(1), or makes a direction under section 81(1)(b) of this Act or section 36(1)(c) of the Sentencing Act 2002, the court may direct that the defendant make a declaration as to financial capacity (in which case sections 42 to 43 of the Sentencing Act 2002 apply with any necessary modifications).

Section 82: replaced, on 13 February 2012, by section 14 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

83 Order for immediate payment of fine

(1) If a fine is payable, the court may order the defendant to pay the fine immediately if,—
- (a) in the case of a fine that consists of or includes an amount of reparation, the court is satisfied that the defendant has sufficient means to pay the fine immediately; or
- (b) in any other case, the court is satisfied that the defendant has sufficient means to pay the fine immediately and either—
  - (i) the defendant has no fixed place of residence; or
  - (ii) the court is satisfied that, because of the gravity of the offence, the character of the defendant, or other special circumstances, the fine should be paid immediately.
(1A) If an amount of reparation or an offender levy (whenever imposed) is payable, an order made under subsection (1)—
- (a) must require payment of the following at the same time as any other amount payable under the order:
  - (i) the reparation:
  - (ii) the levy; and
- (b) must not result in amounts owed by a defendant being paid in a different order of priority to that set out in section 86E.
(1B) If any order of a Registrar to pay an amount of reparation immediately is not complied with, the Registrar may—
- (a) issue a warrant to seize property in a form approved under section 209A; or
- (b) issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant; or
- (c) refer the matter to a District Court Judge for the Judge to consider whether a warrant of commitment should be issued under subsection (2)(b) (which applies with any necessary modifications).
(2) Where any order to pay a fine immediately is not complied with, the court may—
- (a) direct that a warrant to seize property be issued in a form approved under section 209A; or
- (b) subject to subsection (3A), direct that a warrant of commitment be issued in the prescribed form for the imprisonment of the defendant for a period not exceeding the maximum prescribed by section 90; or
- (c) direct that the Registrar issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
(2A) Subsection (2)(a) and (b) do not apply if the only amount payable under the order is an offender levy.

(3) Any warrant of commitment directed to be issued under subsection (2)(b) may be issued by any District Court Judge and may be withdrawn at any time by any District Court Judge.
(3A) A District Court Judge shall not issue a warrant of commitment under this section unless—
- (a) the defendant has had the same opportunity for legal representation as is available to a defendant who is liable to a sentence of imprisonment under section 30 of the Sentencing Act 2002; and
- (b) the defendant is before a District Court Judge.
(4) Where a court makes an order under subsection (1), or gives a direction under subsection (2), a record of the order or direction and the grounds on which it was made or given shall be entered in the Criminal Records required to be kept under section 71.

Compare: 1957 No 87 s 85

Section 83: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 83(1): replaced, on 13 February 2012, by section 15(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(1A): replaced, on 13 February 2012, by section 15(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(1B): inserted, on 13 February 2012, by section 15(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(2): amended, on 13 February 2012, by section 15(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(2)(a): amended, on 13 February 2012, by section 15(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(2)(b): amended, on 1 November 1998, by section 15 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 83(2)(b): amended, on 1 September 1993, by section 13(2) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 83(2)(c): inserted, on 1 November 1998, by section 15 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 83(2A): inserted, on 13 February 2012, by section 15(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 83(3A): inserted, on 1 September 1993, by section 13(3) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 83(3A)(a): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

84 Notice of fine

(1) Where, on the determination of an information or a complaint, the defendant is ordered to pay or becomes liable to pay a fine, the Registrar must promptly give the defendant a notice of the fine.
(2) Every notice given under subsection (1) must—
- (a) state the amount of the fine:
- (b) state the date on or before which payment of the fine is to be made:
- (c) state the times and places at which payment of the fine may be made:
- (d) inform the defendant of the defendant's rights of appeal:
- (e) inform the defendant that a Registrar or bailiff may enter into an arrangement with the defendant for an extension of time to pay, whether by instalments or otherwise:
- (f) inform the defendant that if the fine is not paid within 28 days after the day on which it was imposed, and no order has been made under section 81(1)(a) and no arrangement has been entered into under section 86 or 86C, the following kinds of enforcement may be taken (which must be explained in general terms):
  - (i) a warrant to seize property:
  - (ii) an attachment order:
  - (iii) a deduction notice:
  - (iv) a driver licence stop order:
- (g) notify the defendant that, instead of taking the kinds of enforcement action described in paragraph (f), the Registrar may issue a warrant to arrest the defendant and have the defendant brought before a District Court Judge:
- (h) notify the defendant that any default balance of the defendant will be disclosed to recognised users (within the meaning of section 92A) who are authorised to receive that information.
(3) Failure to comply with this section does not of itself invalidate any subsequent proceeding.

(4) Despite the requirements of this section, it is the responsibility of the defendant to take all necessary steps to find out the decision of the court, the defendant's obligations under that decision, and the defendant's rights in relation to that decision.
(5) It is not necessary to comply with the requirements of this section in any case where, before the notice is given,—
- (a) a fine is paid in full; or
- (b) an order is made under section 81(1)(a) or 83(1); or
- (c) an arrangement is entered into under section 86 or 86C.
Section 84: replaced, on 13 February 2012, by section 16 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

85 Final notice of fine

[Repealed]

Section 85: repealed, on 23 July 2011, by section 17 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86 Registrar may arrange extension of time to pay

(1) If a fine is payable and is not subject to an order for immediate payment, the Registrar may enter into an arrangement with a defendant or with a representative of the defendant to allow for either or both of the following:
- (a) a greater time for payment:
- (b) payment to be made by instalments.
(2) No arrangement under subsection (1) may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

(3) Before the Registrar enters into an arrangement under subsection (1), the Registrar may consider any information received from any person about the financial position of the defendant or, as the case requires, about the defendant's representative.

(4) In any case where any information described in subsection (3) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
(5) In this section and in sections 86A, 86C, and 86D, representative means—
- (a) a person who—
  - (i) enters into the arrangement concerned with the defendant's written or oral consent; and
  - (ii) appears to the Registrar to have the defendant's consent to do so; or
- (b) a person who is authorised to enter into the arrangement concerned by operation of law.
Section 86: replaced, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86A Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order

(1) A Registrar may determine that an arrangement extending the time to pay a fine, or an attachment order, be varied, suspended, or cancelled if the Registrar has reason to believe that—
- (a) the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
- (b) the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into; or
- (c) the defendant has, in connection with the making of the attachment order, supplied false or misleading information about the financial position of the defendant; or
- (d) the financial position of the defendant has changed significantly since the date on which the attachment order was made.
(2) A Registrar may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
- (a) the defendant agrees to the determination proposed by the Registrar; or
- (b) the defendant defaults in the payment of the subsequent fine, and—
  - (i) the Registrar is unable to contact the defendant; or
  - (ii) the Registrar contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
(3) If, in a case where there is an arrangement extending the time to pay a fine with a representative of the defendant, a further fine that is not subject to the arrangement is imposed on the defendant, the Registrar may determine that the arrangement—
- (a) be varied, suspended, or cancelled if the representative agrees to the determination proposed by the Registrar:
- (b) be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
  - (i) the Registrar is unable to contact the representative; or
  - (ii) the Registrar contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
(4) A Registrar may determine that an attachment order be varied, suspended, or cancelled if—
- (a) another fine that is not subject to the attachment order is imposed on the defendant; and
- (b) the defendant defaults in the payment of the subsequent fine.
(5) If subsection (1)(a) or (b), (2)(b)(ii), or (3)(b)(ii) applies, the Registrar must, before he or she makes a determination in relation to the arrangement,—
- (a) notify the defendant or, as the case requires, the defendant's representative—
  - (i) of the proposed determination and the reasons for the proposed determination; and
  - (ii) that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or written submission to the Registrar, why the proposed determination should not be made; and
  - (iii) that, if it is intended to make an oral submission, that intention must be advised to the Registrar within 10 days after the date of the notification and that any such submission must be made at a time specified by the Registrar; and
  - (iv) that any written submission must be received by the Registrar within 10 days after the date of the notification; and
- (b) consider any—
  - (i) oral submission made in accordance with paragraph (a)(iii); and
  - (ii) written submissions received within the 10-day period referred to in paragraph (a)(iv).
(6) Any written submissions that may be made under subsection (5) may be made electronically.

(7) In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.
(8) A determination under this section takes effect on the following dates:
- (a) where subsection (1)(a) or (b), (2)(b)(ii), or (3)(b)(ii) applies,—
  - (i) if the Registrar receives neither a request to make an oral submission nor a written submission within the 10-day period referred to in subsection (5)(a)(iii) or (iv), on the date on which that period expires; or
  - (ii) if after hearing an oral submission in accordance with subsection (5)(a)(iii), or considering a written submission received within the 10-day period referred to in subsection (5)(a)(iv), the Registrar decides to proceed with the proposed determination, on a specified date that the Registrar notifies to the defendant or, as the case requires, the defendant's representative:
- (b) where subsection (2)(a) or (3)(a) applies, on the date that the Registrar obtains the agreement of the defendant or, as the case requires, the defendant's representative under either of those subsections:
- (c) where subsection (1)(c) or (d), (2)(b)(i), (3)(b)(i), or (4) applies, on a date specified by the Registrar.
(9) In this section and sections 86C, 86D, 87, and 87AA, arrangement extending the time to pay a fine means an arrangement that—
- (a) allows for either or both of the following:
  - (i) a greater time to pay a fine:
  - (ii) payment by instalments; and
- (b) is entered into by—
  - (i) a Registrar under section 86; or
  - (ii) a bailiff under section 86C (in which case the arrangement must have come into force in accordance with that section).
Section 86A: replaced, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86B Determinations affecting attachment orders

(1) If an attachment order is cancelled or suspended under section 86A, the Registrar must serve notice of the cancellation or suspension on the employer to whom it relates and the cancellation or suspension takes effect when it is so served.

(2) If a variation of an attachment order takes effect under section 86A, the Registrar must issue a new attachment order under section 87 in place of the existing order.

Section 86B: replaced, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86C Bailiff may arrange extension of time to pay

(1) If a fine is payable and is not subject to an order for immediate payment, a bailiff may enter into an arrangement extending the time to pay the fine with a defendant or with a representative of the defendant.

(2) No arrangement extending the time to pay the fine may permit a fine to remain unpaid for more than 5 years after the date on which the arrangement is entered into.

(3) As soon as practicable after a bailiff enters into an arrangement extending the time to pay the fine, the bailiff must notify the Registrar of the arrangement.

(4) When the Registrar is notified of the arrangement, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, of the defendant's representative, cancel the arrangement within 7 days after being notified of that arrangement.

(5) In any case where any information described in subsection (4) comes from a third party, the information must include details of the source of the information and the date to which the information relates.
(6) The arrangement comes into force,—
- (a) if the Registrar approves the arrangement before the expiry of 7 days after the day on which the Registrar is notified of the arrangement, when the Registrar gives that approval:
- (b) if on the expiry of 7 days after the day on which the Registrar is notified of the arrangement the Registrar has neither approved nor cancelled the arrangement, on the eighth day after the day on which the Registrar is so notified.
(7) The defendant or, as the case requires, the defendant's representative—
- (a) may make payments under the arrangement when it comes into force in accordance with subsection (6); and
- (b) is not prevented from making payments in respect of a fine if those payments are not part of the arrangement.
Section 86C: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86D Bailiff may vary, suspend, or cancel arrangement for extension of time to pay fine

(1) A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if the bailiff has reason to believe that—
- (a) the defendant or, as the case requires, the defendant's representative has, for the purpose of entering into the arrangement, supplied false or misleading information about the financial position of the defendant or, as the case requires, the defendant's representative; or
- (b) the financial position of the defendant or, as the case requires, the defendant's representative has changed significantly since the date on which the arrangement was entered into.
(2) A bailiff may determine that an arrangement extending the time to pay a fine be varied, suspended, or cancelled if another fine that is not subject to the arrangement is imposed on the defendant and—
- (a) the defendant agrees to the determination proposed by the bailiff; or
- (b) the defendant defaults in the payment of the subsequent fine, and—
  - (i) the bailiff is unable to contact the defendant; or
  - (ii) the bailiff contacts the defendant but is unable to reach an agreement with the defendant as to how the subsequent fine is to be paid.
(3) If, in a case where a representative of a defendant is party to an arrangement extending the time to pay a fine, a further fine that is not subject to the arrangement is imposed on the defendant, the bailiff may determine that the arrangement—
- (a) be varied, suspended, or cancelled if the representative agrees to the determination proposed by the bailiff:
- (b) be suspended or cancelled if the defendant defaults in the payment of the subsequent fine, and—
  - (i) the bailiff is unable to contact the representative; or
  - (ii) the bailiff contacts the representative but is unable to reach an agreement with the representative as to how the subsequent fine is to be paid.
(4) If subsection (1), (2)(b)(ii), or (3)(b)(ii) applies, the bailiff must, before he or she makes a determination in relation to the arrangement,—
- (a) notify the defendant or, as the case requires, the representative—
  - (i) of the proposed determination and the reasons for the proposed determination; and
  - (ii) that the defendant or, as the case requires, the defendant's representative may give reasons, in an oral or a written submission to the bailiff, why the proposed determination should not be made; and
  - (iii) that, if it is intended to make an oral submission, that intention must be advised to the bailiff within 10 days after the date of the notification and that any such submission must be made at a time specified by the bailiff; and
  - (iv) that any written submission must be received by the bailiff within 10 days after the date of the notification; and
- (b) consider any—
  - (i) oral submission made in accordance with paragraph (a)(iii); and
  - (ii) written submissions received within the 10-day period referred to in paragraph (a)(iv).
(5) Any written submissions that may be made under subsection (4) may be made electronically.

(6) In no case may a fine to which a determination relates remain unpaid for more than 5 years after the date on which the determination takes effect.

(7) As soon as practicable after the bailiff makes a determination under this section, the bailiff must notify the Registrar of the determination.

(8) When the Registrar is notified of the determination, the Registrar may, after taking into account any information received from any person about the financial position of the defendant or, as the case requires, the defendant's representative, cancel the determination within 7 days after being notified of that determination.

(9) In any case where any information described in subsection (8) comes from a third party, the information must include details of the source of the information and the date to which the information relates.

(10) If the Registrar does not cancel the determination, the determination comes into force 8 days after the Registrar is notified of that determination or on the day on which the Registrar sooner approves the determination.

Section 86D: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86E Priority of payments received from defendant

(1) Any payments received from a defendant in respect of a fine must be applied in the following order of priority:
- (a) in payment of any amount of reparation:
- (b) in payment of any offender levy:
- (c) in payment of any other type of fine.
(2) Subsection (1) applies regardless of when any amount owed by the defendant was imposed or became due.

Section 86E: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86F Manner in which amounts of reparation must be applied in cases involving same offence

(1) This section applies if a person (the liable person) is required to pay an amount of reparation to 2 or more persons in relation to the same offence (whether the requirement to pay the amount of reparation arose before or after the commencement of this section).

(2) Any payments received from the liable person must be applied, as between the persons to whom the defendant is required to pay reparation, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them (or in equal amounts if the court did not specify different amounts).

(3) Subsection (2) applies subject to any contrary direction by a court.

Section 86F: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86G Manner in which amounts of reparation must be applied in cases involving different offences

(1) This section applies—
- (a) if a person (the liable person) is required to pay an amount of reparation to a person or persons in relation to an offence; and
- (b) if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and
- (c) if both the amounts referred to in paragraphs (a) and (b) have not been paid in full; and
- (d) whether the requirements to pay the amounts referred to in paragraphs (a) and (b) arose before or after the commencement of this section.
(2) For the purpose of subsection (1), it does not matter whether or not the offence referred to in subsection (1)(b) is of the same kind as the offence referred to in subsection (1)(a).
(3) Any payments received from the liable person must, in respect of 1 or more amounts of reparation imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 86F if applicable)—
- (a) as between the persons to whom the defendant is required to pay the reparation; and
- (b) in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them.
(4) Any payments received from the liable person must, in respect of any amounts of reparation imposed on the liable person on different days, be applied (in accordance with section 86F or subsection (3), if applicable) first in satisfaction of the amount of reparation that was imposed first in time.

(5) After the amount of reparation referred to in subsection (4) has been paid in full, any further payments received from the liable person must next be applied (in accordance with section 86F or subsection (3), if applicable) in satisfaction of the amount of reparation that was imposed next in time.

(6) This section applies subject to any contrary direction by a court.

Section 86G: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

86H No Crown liability for error, etc, in applying payments of amounts of reparation

The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of reparation in accordance with sections 86E to 86G.

Section 86H: inserted, on 13 February 2012, by section 18 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87 Action if fine or instalment not paid or if arrangement or attachment order cancelled

(1) This section applies if—
- (a) the defendant defaults in the payment of any fine; or
- (b) the defendant defaults in the payment of any instalment in respect of a fine that may be paid by instalments; or
- (c) a Registrar cancels an arrangement extending the time to pay a fine, or an attachment order, in accordance with section 86A; or
- (d) an arrangement extending the time to pay a fine is cancelled in accordance with section 86D.
(2) The Registrar may—
- (a) issue a warrant to seize property; or
- (b) make an attachment order attaching any salary or wages payable or to become payable to the defendant; or
- (c) issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
(3) Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.

(4) If a default is made in the payment of any instalment in respect of a fine that may be paid by instalments, proceedings may be taken as if default had been made in the payment of all instalments that remain unpaid.

(5) Subsection (2)(a) does not apply if the only amount in default is an offender levy.

(6) The powers conferred by this section may not be exercised by a Registrar who is a constable.

Section 87: replaced, on 13 February 2012, by section 19 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87AA Power to obtain information in respect of beneficiaries

(1) If—
- (a) the Registrar is—
  - (i) considering whether to make an attachment order under section 87(2)(b) in respect of salary or wages payable or to become payable to a defendant; or
  - (ia) considering whether an arrangement extending the time to pay a fine or an attachment order is to be varied, suspended, or cancelled under section 86A or 86D; or
  - (ii) assessing the amount of the protected earnings rate referred to in section 105(7); and
- (b) the salary or wages of the defendant includes a benefit; and
- (c) the Registrar wishes to verify information supplied by the defendant in respect of that benefit, or obtain information relating to the defendant in respect of that benefit, or obtain and verify that information,—
the Registrar may require the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 (the chief executive) to provide the Registrar with the information specified in subsection (2) that is known to the chief executive.
(2) The information referred to in subsection (1) is—
- (a) the amount of any benefit that is paid to the defendant:
- (b) the amount of any attachment order or deduction notice that applies to the defendant and is made or given or issued under any of the following Acts:
  - (i) the Social Security Act 1964:
  - (ii) the Family Proceedings Act 1980:
  - (iii) the Child Support Act 1991:
  - (iv) the Tax Administration Act 1994:
- (c) any amount that is being recovered from the defendant under section 86 of the Social Security Act 1964:
- (d) the composition of the defendant's family, including the number of family members who are dependent on the defendant:
- (e) the residential address and all telephone numbers of the defendant:
- (f) the type of any benefit that is paid to the defendant:
- (g) the unique number assigned to the defendant in his or her capacity as a beneficiary.
(3) The chief executive must comply with a requirement under subsection (1)—
- (a) within a reasonable period; and
- (b) in the manner specified in the requirement; and
- (c) without imposing a charge.
(3AA) A requirement under subsection (1) may be made by post or by fax, email, or other electronic means.

(3A) If the defendant has died and the chief executive is aware of that fact, the chief executive must advise the Registrar accordingly on receipt of a requirement under subsection (1).

(4) This section does not apply if the Registrar is directed under section 88AE(1)(a) to issue a warrant to seize property or to make an attachment order or to issue a deduction notice.

Section 87AA: inserted, on 1 November 1998, by section 21 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87AA(1): amended, on 13 February 2012, by section 20(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 87AA(1)(a)(i): amended, on 13 February 2012, by section 20(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(1)(a)(ia): replaced, on 13 February 2012, by section 20(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(1)(a)(ii): amended, on 13 February 2012, by section 20(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(2)(e): inserted, on 9 October 2006, by section 13(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87AA(2)(e): amended, on 13 February 2012, by section 20(5) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(2)(f): inserted, on 9 October 2006, by section 13(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87AA(2)(g): inserted, on 9 October 2006, by section 13(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87AA(2)(g): amended, on 13 February 2012, by section 20(6) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(3): amended, on 13 February 2012, by section 20(7)(a) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 87AA(3)(b): amended, on 13 February 2012, by section 20(7)(b) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(3AA): inserted, on 13 February 2012, by section 20(8) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(3A): inserted, on 9 October 2006, by section 13(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87AA(3A): amended, on 13 February 2012, by section 20(9) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87AA(4): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87A Publication of name of fine defaulter

(1) This section applies if—
- (a) a defendant has been ordered by a court (other than a Youth Court) to pay any fine; and
- (b) the defendant has not made any payment in respect of the fine for at least 3 months before the date on which the Registrar proposes to arrange the publication of a notice under subsection (2) relating to the defendant; and
- (c) the defendant owes not less than $500 in 1 or more unpaid fines; and
- (d) either the fine is not subject to any arrangement under section 81(1)(a) or 86 or 86C allowing payment of the fine over a specified period or the fine is subject to such an arrangement but the defendant is not for the time being observing the terms of the arrangement; and
- (e) no name suppression order was made in respect of the defendant in the proceedings in which the fine was imposed; and
- (f) the Registrar has been unable to locate the defendant after using reasonably available sources of information; and
- (g) the Registrar has confirmed the identity of the defendant by checking information held in relation to the defendant on any database accessible to the Registrar; and
- (h) the Registrar has no reason to suspect that the defendant has died.
(2) If this section applies, the Registrar may cause notice of the fine defaulter to be published in any newspaper and the notice may include 1 or more of the following details:
- (a) the name of the defendant:
- (b) the defendant's current or last known address:
- (c) the defendant's age (in years).
(3) A Registrar who causes the publication under subsection (2) of any particulars relating to a defendant shall take all reasonable steps to ensure that the particulars published are accurate and current.

Section 87A: inserted, on 1 April 1996, by section 12 of the Summary Proceedings Amendment Act 1995 (1995 No 64).

Section 87A heading: amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87A(1)(c): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87A(1)(d): amended, on 13 February 2012, by section 21 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87A(2): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87A(2): amended, on 9 October 2006, by section 14 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

87B Deduction of fines

(1) This section applies if—
- (a) a fine is payable by a defendant; and
- (b) the defendant is, by virtue of an order made under section 81(1)(a) or 83(1), an arrangement made under section 86 or 86C, or a direction given under section 88AE(1)(h),—
  - (i) ordered to pay the fine immediately; or
  - (ii) allowed a greater time for payment; or
  - (iii) allowed to pay by instalments; and
- (c) the defendant either—
  - (i) fails to comply with the order, arrangement, direction, or condition; or
  - (ii) refuses, without reasonable excuse, to enter into an arrangement.
(1A) The Registrar may issue a deduction notice requiring a bank to deduct the amount due from a sum that is payable or becomes payable to the defendant, until the deduction notice is revoked in accordance with section 87C or discharged under section 87H.
(2) The Registrar must specify in the deduction notice—
- (a) whether the deduction is to be made as a lump sum or by instalments; and
- (b) the time or times by which the bank must pay the amounts deducted; and
- (ba) that the amounts deducted must be paid to a person, or into a trust account, in accordance with section 208; and
- (c) the date on which the deduction notice takes effect, which date is not earlier than the date on which it was issued.
(2A) The deduction notice issued by the Registrar must specify that if on any occasion the amount of a deduction required to be made is greater than the amount that is payable or becomes payable to the defendant, the amount to be deducted on that occasion is the amount that is payable or becomes payable to the defendant.

(3) The Registrar must give the defendant a copy of the deduction notice.

(4) Every bank to which a deduction notice is issued must, on request, give the defendant a statement in writing of any amount deducted, and of the purpose for which the deduction was made.
(5) If any question arises in any case as to the priority to be accorded to deduction notices issued under this section, the following have priority over those deduction notices:
- (a) 1 or more attachment orders or deduction notices made or given or issued under any of the following Acts:
  - (i) the Social Security Act 1964:
  - (ii) the Family Proceedings Act 1980:
  - (iii) the Child Support Act 1991:
  - (iv) the Tax Administration Act 1994:
- (b) the recovery of payments under section 86 of the Social Security Act 1964.
(6) Every deduction notice is subject to section 87I.

Section 87B: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87B(1): replaced, on 13 February 2012, by section 22 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87B(1A): inserted, on 13 February 2012, by section 22 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87B(2)(b): replaced, on 9 October 2006, by section 15(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87B(2)(ba): inserted, on 9 October 2006, by section 15(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87B(2A): inserted, on 9 October 2006, by section 15(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87B(3): replaced, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87B(4): amended, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87C Revocation of deduction notices

(1) The Registrar may revoke a deduction notice at any time by giving notice to the bank to which the deduction notice was issued, or by issuing a new deduction notice.

(2) At the request of the defendant, the Registrar must, in the manner specified in subsection (1), revoke the deduction notice if the Registrar is satisfied that the total amount due has been paid.

(3) [Repealed]

(4) [Repealed]

Section 87C: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87C(1): amended, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87C(3): repealed, on 9 October 2006, by section 16 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 87C(4): repealed, on 9 October 2006, by section 16 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

87D Fine to be treated as being paid

(1) All amounts deducted in accordance with a deduction notice are to be treated as having been paid by the defendant in satisfaction of the defendant's liability to pay the fine.

(2) If any amounts are deducted in accordance with a deduction notice, the defendant's liability to pay the fine is not satisfied until the total amount due has been paid.

Section 87D: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

87E Deduction notices issued on banks

(1) When a deduction notice is issued to a bank, money held by the bank to the credit of the defendant is subject to the provisions of section 87B(1).

(2) If a bank makes a deduction required by a deduction notice, neither the defendant nor any other person concerned has any claim against that bank, or the Crown, in respect of that deduction.

Section 87E: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

87F Meaning of certain terms relating to banks

(1) For the purposes of sections 87C and 87E, money held by the bank to the credit of the defendant includes interest on any money that is on deposit or deposited with a bank to the credit of the defendant, whether or not—
- (a) the deposit or depositing is on current account:
- (b) the money is to be at interest at a fixed term or without limitation of time:
- (c) the defendant has made an application to withdraw or uplift the money.
(2) For the purposes of subsection (1), money on deposit or deposited with a bank to the credit of the defendant includes money—
- (a) that is held in a joint bank account in the name of the defendant and 1 or more other persons; and
- (b) that can be withdrawn from the account by or on behalf of the defendant without a signature being required at the time of that withdrawal from, or on behalf of, the other person or persons.
Section 87F: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

87G Offences in relation to deduction notices

A person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who, without reasonable excuse,—
- (a) fails to make any deduction required by a deduction notice; or
- (b) fails, after making a deduction, to pay the amount deducted in accordance with section 208 within the time specified in the notice.
Section 87G: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87G(b): amended, on 13 February 2012, by section 23 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87H Variation or discharge of deduction notices

(1) If a bank to which a deduction notice is issued or a defendant considers that a deduction notice has been issued in error, or contains an error, the bank or defendant may bring the matter to the attention of the Registrar specified in the notice.

(2) If the matter is not rectified to the satisfaction of that bank or defendant (as the case may be) within 5 working days after the date on which that bank or defendant brings the matter to the attention of that Registrar, the bank or defendant may apply ex parte to the court for the variation or discharge of the notice.

(3) If the court is satisfied that an error has been made and that the notice ought to be varied or discharged, the court may vary or discharge the notice, and make any other orders that it considers just in the circumstances.

(4) The variation or discharge takes effect when notice of it is served on the bank or defendant (as the case may be).

Section 87H: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87H(4): amended, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87I Penalty for late deductions

(1) If a bank to which a deduction notice is issued fails, without reasonable excuse, to—
- (a) deduct the full amount or part of the amount required by the notice; or
- (b) pay the full amount or part of the amount required by the notice to the Registrar by the time specified in the notice,—
the bank is liable to pay in accordance with section 208 a penalty calculated in accordance with subsection (2).
(2) The penalty referred to in subsection (1) must be calculated as follows:
- (a) on the amount in default, the greater of 10% of that amount or $5:
- (b) for each additional month or part of a month during which the amount in default or any part of that amount has not been deducted or has not been paid to the Registrar, a further penalty of the greater of 2% of that amount or part of that amount or $1.
(3) If a penalty is payable by a bank under subsection (1), the Registrar, in his or her discretion, may remit the whole or part of that penalty if he or she is satisfied that—
- (a) the failure to make the deduction or make the payment was due to circumstances reasonably beyond the bank's control; or
- (b) in all the circumstances, the imposition of that penalty would be inequitable.
(4) If the Registrar decides to remit the whole or part of any penalty and any amount of the penalty has been paid under this section, the Registrar may refund any excess.

(5) Any amount payable under subsection (1) is a debt due to the Crown and may be recovered from the bank by the Crown in any court of competent jurisdiction.

Section 87I: inserted, on 1 November 1998, by section 23 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 87I(1): amended, on 13 February 2012, by section 24(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 87I(5): amended, on 13 February 2012, by section 24(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

87J Giving of notices

[Repealed]

Section 87J: repealed, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88 Actions if fine remains unpaid

(1) This section applies if—
- (a) the Registrar has taken enforcement action under section 87(2), but the fine remains unpaid; or
- (b) the Registrar is satisfied that the defendant does not have the means to pay the fine; or
- (c) the Registrar is satisfied that—
  - (i) reasonable steps have been taken to locate the defendant, but the defendant has not been located and therefore enforcement action would be unlikely to be effective; or
  - (ii) for any other reason enforcement action would be unlikely to be effective.
(2) The Registrar may—
- (a) order that the defendant be brought before the Registrar; or
- (b) refer the matter to a District Court Judge or Community Magistrate with a report on the circumstances of the case.
(3) If the Registrar refers a matter to a District Court Judge or Community Magistrate, the Registrar may order that the defendant be brought before the Judge or Community Magistrate.

(4) For the purposes of subsection (2)(a) or (3), the Registrar may, if necessary, issue a warrant for the arrest of the defendant.

(5) Despite subsection (1), this section does not apply if the only amount that remains unpaid is an offender levy.

Section 88: replaced, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AA Form and execution of warrant for arrest

(1) A warrant for arrest issued under section 88(4) may be in the form of a computer printout of information entered by a Registrar into a computer system accessible to the Police or a bailiff.
(2) In addition to subsection (1), the following provisions apply to the warrant for arrest:
- (a) information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant for the arrest of the defendant:
- (b) the warrant is valid for a period of 7 days beginning on the date of its printing, and the warrant then lapses:
- (c) at any time and from time to time after a warrant lapses under paragraph (b),—
  - (i) the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
  - (ii) a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant for the arrest of the defendant.
(3) A constable or bailiff may execute a warrant for arrest issued under section 88(4) or a computer printout that, under this section, constitutes a warrant for arrest.

(4) This section does not limit any other provision of this Act.

Section 88AA: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AB Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(2)(a)

If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(2)(a), the following provisions apply:
- (a) the defendant must be brought before the Registrar:
- (b) the defendant is bailable as of right:
- (c) section 46 of this Act and Part 3 of the Bail Act 2000 apply with any necessary modifications as if the appearance before the Registrar constituted part of the hearing of a charge:
- (d) for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge, or a Community Magistrate, then a Police employee or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a Police employee under section 21(1) of that Act.
Section 88AB: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AC Provisions for defendant arrested under warrant for arrest issued for purpose of section 88(3)

If a defendant is arrested under a warrant for arrest issued for the purpose of section 88(3), the following provisions apply:
- (a) the defendant must be brought before a District Court Judge or Community Magistrate or, if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
- (b) if the defendant is brought before the Registrar, the Registrar must appoint a time and place for the defendant to appear before a District Court Judge or Community Magistrate:
- (c) the defendant is bailable as of right:
- (d) section 46 of this Act and Part 3 of the Bail Act 2000 apply with any necessary modifications as if the appearance before the Registrar or a District Court Judge or Community Magistrate constituted part of the hearing of a charge:
- (e) if the defendant cannot practicably be brought immediately before a District Court Judge or Community Magistrate or the Registrar, then a Police employee or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 apply with any necessary modifications as if the bail bond were taken by a Police employee under section 21(1) of that Act.
Section 88AC: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AD Powers of Registrar in relation to defendant brought before Registrar

(1) If a defendant is brought before a Registrar under section 88(2)(a), the Registrar may examine the defendant as to the defendant's financial position.
(2) The Registrar may also—
- (a) invoke 1 or more of the enforcement actions in section 87(2); or
- (b) enter into an arrangement with the defendant under section 86; or
- (c) if the Registrar is satisfied that neither of the actions described in paragraphs (a) and (b) will be effective, refer the defendant to a District Court Judge or Community Magistrate with a report on the case (in which case sections 88(3) and (4), 88AA, and 88AC apply).
Section 88AD: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AE Powers of District Court Judge or Community Magistrate after considering report of Registrar under section 88AD

(1) After considering the report of the Registrar prepared under section 88AD and the defendant's financial position (whether determined from a declaration of financial capacity prepared by the defendant or from other sources), a District Court Judge or Community Magistrate may—
- (a) refer the matter to the Registrar with a direction that 1 or more of the enforcement actions referred to in section 87(2), as specified in the direction, be invoked; or
- (b) subject to section 106E, direct that a warrant of commitment in the prescribed form be issued; or
- (c) subject to sections 80A to 80ZM of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of home detention; or
- (d) subject to sections 69B to 80 of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to a sentence of community detention; or
- (e) subject to sections 55 to 80 of the Sentencing Act 2002 and section 106E of this Act, sentence the defendant to community work; or
- (f) direct that action be taken for a lesser amount than the fine due; or
- (g) if the amount that the defendant owes for 1 unpaid fine, or in total for more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken to enforce 1 or all of the fines making up the total owing by the defendant as if the fine or fines were an order for the payment of money and as if the Registrar had obtained the order; or
- (h) direct that a greater time for payment of the fine be allowed, subject to any conditions that the Judge or Community Magistrate may direct; or
- (i) direct that no further enforcement proceedings be taken for the fine for any period or subject to any conditions that the Judge or Community Magistrate may direct; or
- (j) remit the fine or a part of the fine.
(2) A Community Magistrate may not—
- (a) direct the issue of a warrant of commitment under subsection (1)(b):
- (b) sentence a defendant to a sentence of home detention under subsection (1)(c).
(3) If a Community Magistrate considers that the issue of a warrant of commitment or a sentence of home detention is appropriate in any case, the Community Magistrate must refer the matter to a District Court Judge (in which case sections 45 to 59, to the extent that they are applicable and with the necessary modifications, apply).
(4) Despite subsection (1), a period of imprisonment or a sentence of home detention must not be imposed on the defendant for a fine if—
- (a) the fine was imposed for a traffic offence (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) not punishable by imprisonment; and
- (b) at the date of the commission of the offence, the defendant was a young person within the meaning of that Act.
(5) If a District Court Judge or Community Magistrate exercises any power conferred by subsection (1) and considers it appropriate to do so, he or she may also make an order under section 88AG for the return of the defendant.

(6) The remission of the whole or any part of an amount of reparation does not affect the right of the person who suffered the harm, loss, or damage to bring civil proceedings, or make claims under any accident compensation legislation applicable at the time of the offending, to recover the amount so remitted.

Section 88AE: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AF Further provisions relating to powers of District Court Judge or Community Magistrate in section 88AE

(1) A warrant of commitment or a sentence of community work, community detention, or home detention may be issued or imposed under section 88AE(1) even though the defendant was not liable to be imprisoned on the determination of the information or complaint for which the fine was imposed.

(2) Any warrant of commitment directed to be issued under section 88AE(1)(b) may be issued by any District Court Judge and may be withdrawn at any time by any District Court Judge.

(3) If any direction is given under section 88AE(1)(f), the difference between the amount due under the fine and the amount for which action is directed to be taken under that provision is no longer payable and no proceedings may be taken or continued for its recovery.

(4) If a District Court Judge or Community Magistrate makes any order (other than a direction for the issue of a warrant of commitment) under section 88AE, the Judge or Community Magistrate may postpone the issue or defer the operation of the order for any period and subject to any conditions that he or she may direct.

Section 88AF: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88AG Power of District Court Judge or Community Magistrate to order return of defendant

(1) If a District Court Judge or Community Magistrate makes any order (other than an order that directs the issue of a warrant of commitment) under section 88AE and considers it appropriate to do so, he or she may also issue an order for the return of the defendant. However, the order must not be executed until the time that the defendant ceases to comply with any of the conditions of the order under section 88AE, including (without limitation) the making of periodic payments due under an attachment order.

(2) A constable or bailiff may execute an order for the return of the defendant issued under subsection (1).

(3) If a fine is being paid by attachment order, no order issued under subsection (1) for the return of a defendant may be executed until the time that the Registrar has confirmed with the employer that no periodic payment or payments have been made and the reason why no payment or payments have been made.

(4) If a defendant is detained in accordance with an order issued under subsection (1), the provisions of section 88AC apply.

Section 88AG: inserted, on 13 February 2012, by section 25 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88A Civil enforcement of fines

(1) If, under section 88AE(1)(g), a District Court Judge gives a direction in relation to 1 or more fines, the District Court is deemed to have made, in its civil jurisdiction, an order that the defendant pay the Registrar the total amount of that fine or those fines.

(2) The order deemed to have been made under subsection (1) may be enforced as if that order were a final order for the payment of money and as if the Registrar were the relevant judgment creditor.

(3) The Registrar may take steps, under section 66 of the District Courts Act 1947, to have the order deemed to have been made under subsection (1) removed into the High Court.
(4) Action to enforce the order deemed to have been made under subsection (1) must be taken—
- (a) under the District Courts Act 1947 and the District Courts Rules 2009 unless that order is removed into the High Court; or
- (b) under the High Court Rules if that order is removed into the High Court.
Section 88A: replaced, on 13 February 2012, by section 27 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

88B Remission of fine

(1) The Registrar may make an order remitting an amount of reparation if—
- (a) the amount outstanding is $25 or less; and
- (b) the amount of reparation was imposed at least 3 years before the date on which the Registrar makes the order remitting it; and
- (c) the Registrar has—
  - (i) obtained the consent of the person who suffered the harm, loss, or damage; or
  - (ii) made reasonable efforts to find the person who suffered the harm, loss, or damage to obtain his or her consent, and has not been able to find that person and obtain his or her consent.
(2) The Registrar may make an order remitting any fine that does not include reparation if—
- (a) the amount outstanding is not greater than $50 or any other amount prescribed by regulations made under section 212; and
- (b) the fine was imposed at least 1 year before the date on which the Registrar makes the order remitting the fine.
(3) The Registrar may at any time make an order remitting any fine other than reparation if the Registrar is satisfied that the defendant is a deceased individual or a body corporate or an unincorporated body that has been wound up.

(4) For the purposes of subsections (1) to (3), court costs or other costs that are referable to any reparation must be excluded from that reparation.

(5) The Registrar may at any time make an order remitting any amount of court costs and costs associated with the enforcement of a fine, including court costs and costs associated with the enforcement of reparation or any offender levy.

(6) The Registrar may at any time make an order remitting any fine that is lower than the lowest amount expressed on any coin that is legal tender in New Zealand.

Section 88B: replaced, on 23 July 2011, by section 27 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

89 Rights of representation and appeal

(1) Every defendant attending before a District Court Judge or Community Magistrate pursuant to any provision of sections 88 to 88AG is entitled to be represented by a barrister or solicitor.
(2) Where a defendant is sentenced to community work, community detention, or home detention under section 88AE(1) or is imprisoned pursuant to a warrant of commitment issued under that provision,—
- (a) the defendant has, if sentenced by a District Court Judge, the same right to appeal under section 115 as if the defendant had been convicted on an information or complaint; and
- (b) the defendant has, if sentenced by a Community Magistrate, a right of appeal under section 114A.
(3) On any such appeal under section 115 by a defendant sentenced by a District Court Judge, the High Court may, in addition to its powers under section 121, remit the matter to a District Court Judge to be dealt with as that Judge thinks fit under section 88AE(1), except that that Judge must not impose a sentence the same as that appealed against.

Section 89: replaced, on 30 June 1998, by section 22(1) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 89(1): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 89(2): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 89(2): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 89(2): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 89(3): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

90 Scale of imprisonment for non-payment of fine

The period of imprisonment imposed under this Act in respect of the non-payment of 1 or more fines or where the sale of any property under any process does not produce sufficient proceeds to pay the fine, shall be such period as in the opinion of the court or District Court Judge fixing the period will satisfy the justice of the case, not exceeding, for each fine,—
- (a) in the case of an offence that was punishable by a period of imprisonment of more than 3 months, the maximum term of imprisonment to which the defendant was liable on the conviction, or a period of 1 year, whichever is the lesser:
- (b) in any other case, a period of 3 months.
Compare: 1957 No 87 s 103

Section 90: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 90: amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 90(a): amended, on 13 February 2012, by section 28 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

91 Defendant on substituted sentence to be discharged on payment of fine

(1) On the payment of 1 or more fines for which a defendant is imprisoned on a warrant of commitment for non-payment of the fine, the Registrar must immediately notify the prison manager of the payment, and the manager must discharge the defendant from the prison unless the defendant is also in custody for some other reason.

(2) On the payment of 1 or more fines for which a defendant is subject to a sentence of community work, community detention, or home detention for non-payment of the fine, the Registrar must immediately notify the probation officer supervising the sentence of the payment, and the probation officer must direct that the defendant be no longer subject to that sentence unless the defendant is also subject to a sentence of community work, community detention, or home detention (as the case may be) for some other reason.
(3) If a defendant who is subject to a period of imprisonment or any sentence referred to in subsection (2) makes part payment of not less than 10% of the total amount for which the period of imprisonment or sentence was imposed, the Registrar must immediately—
- (a) calculate the amount of the part payment as a proportion of the total amount for which the period of imprisonment or sentence was imposed; and
- (b) reduce the period of imprisonment or the sentence by the number of hours or days (whichever applies) that, as nearly as possible, bears the same proportion as the proportion referred to in paragraph (a); and
- (c) notify the prison manager or the probation officer supervising the sentence of the payment and the reduction in the defendant's period of imprisonment or sentence.
(4) On completion of a term of imprisonment or any sentence referred to in subsection (2), the fine in respect of which the term of imprisonment or the sentence was imposed is remitted.

Section 91: replaced, on 13 February 2012, by section 29 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 91(1): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 91(2): amended, on 13 February 2012, by section 46 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92 Effect of warrant of commitment

A warrant of commitment issued under section 83(2)(b) or section 88AE(1)(b) shall require that the defendant be imprisoned in some prison for such time as the District Court Judge considers appropriate (not exceeding the appropriate maximum period specified in section 90, or section 28I of the District Courts Act 1947, or section 19 of the Crimes Act 1961, as the case may be) unless the fine or any lesser amount directed by the Judge under section 88AE(1)(f) is sooner paid.

Compare: 1957 No 87 s 102

Section 92: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 92: amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 92: amended, on 13 February 2012, by section 30 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 92: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Disclosure of default balances to certain authorised persons

Heading: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92A Interpretation

(1) In this section and in sections 92B to 92I, unless the context otherwise requires,—

access code means any form of data that enables a recognised user to submit a fine status query

agency has the same meaning as in section 2(1) of the Privacy Act 1993

credit reporter has the same meaning as in the credit reporting code of practice, but regardless of whether payment for information about creditworthiness is involved and whether that information is in respect of individuals or bodies corporate

credit reporting code of practice means a code of practice relating to credit reporting for the time being issued under the Privacy Act 1993

fine status query means a query as to whether a query subject has a default balance and, if so, the amount of that balance

fine status response means a response to a fine status query

fines enforcement records means the records of the Ministry of Justice described in Schedule 5 of the Privacy Act 1993 in the item relating to the enforcement of fines and other orders
identifying particulars means,—
- (a) in the case of an individual, the individual's—
  - (i) full name; and
  - (ii) former names and aliases (if any); and
  - (iii) sex; and
  - (iv) date of birth; and
  - (v) current address; and
  - (vi) previous addresses (if applicable), but not more than 2; and
  - (vii) occupation (if applicable); and
  - (viii) employer (if any) identified by name; and
  - (ix) driver licence number (if any) as defined in the credit reporting code of practice; and
  - (x) driver licence card number (if any) as defined in the credit reporting code of practice; and
- (b) in the case of a person that is not an individual, the person's—
  - (i) full name; and
  - (ii) current address; and
  - (iii) previous addresses (if applicable), but not more than 2; and
  - (iv) trading name (if applicable)
query subject means the person about whom a fine status query is to be made, is being made, or has been made, under section 92D
recognised user means an agency that—
- (a) is a credit reporter; or
- (b) is a member of a class of persons specified by regulations made under section 92I for the purposes of this definition; or
- (c) the Minister for Courts has, in accordance with criteria prescribed by regulations made under section 92I, authorised as a recognised user
subscriber, in relation to a credit reporter, means a person who, under an agreement that complies with requirements prescribed by the credit reporting code of practice, has access to information held by that credit reporter.
(2) Subparagraphs (ix) and (x) of the definition of identifying particulars in subsection (1) do not apply unless the definition of credit information in the credit reporting code of practice includes driver licence numbers and driver licence card numbers.

Section 92A: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92B Purpose of disclosure and use of information

(1) The purpose of sections 92C to 92I is to provide incentives to defendants who have default balances to pay or resolve the required payments in accordance with this Act.
(2) In order to achieve that purpose, sections 92C to 92I—
- (a) authorise the chief executive to disclose fine status responses to recognised users to enable—
  - (i) credit reporters to report that information to subscribers; and
  - (ii) recognised users other than credit reporters to assess the creditworthiness of query subjects and to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
- (b) authorise credit reporters to disclose fine status responses—
  - (i) to subscribers to enable them to assess the creditworthiness of query subjects; and
  - (ii) in particular, to those subscribers who are credit providers to enable them to protect themselves against the possible subordination of their security interests that might otherwise be required by this Act:
- (c) authorise the chief executive to use identifying particulars received from recognised users to enhance the accuracy and completeness of the fines enforcement records:
- (d) require the chief executive to monitor the compliance of recognised users and to audit their records for that compliance.
Section 92B: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92C Access codes

(1) If satisfied that an agency is a recognised user, the chief executive may issue to the agency an access code.

(2) The access code may be issued subject to any conditions or restrictions that the chief executive considers appropriate.

(3) If satisfied that a recognised user has breached any provision of this Act or regulations made under section 92I or has failed to comply with any conditions or restrictions imposed under subsection (2), the chief executive may, in accordance with regulations made under section 92I, cancel the access code issued to the recognised user.

(4) If the chief executive is satisfied that the access code of a recognised user should not have been cancelled or that any breach on the part of any recognised user whose access code has been cancelled is unlikely to recur, the chief executive may issue to that recognised user another access code.

Section 92C: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92D Recognised user may submit fine status query

(1) A fine status query must—
- (a) be sent in a manner approved by the chief executive; and
- (b) identify the recognised user; and
- (c) set out the identifying particulars of the query subject; and
- (d) provide an assurance that—
  - (i) the query subject has consented to the submission of a fine status query that includes the identifying particulars of the query subject, and to the disclosure of any resulting fine status response to the recognised user and, if the recognised user is a credit reporter, also to any subscriber on whose behalf the fine status response is sought; and
  - (ii) if the fine status query is sent by a credit reporter, the credit reporter is acting on a request by a subscriber.
(2) A recognised user who sends a fine status query must keep, for the period specified by regulations made under section 92I, a record evidencing the consent given by the query subject for the purpose of the fine status query.

Section 92D: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92E Fine status response by chief executive

(1) When the chief executive receives a fine status query, the chief executive must, where practicable, perform, or have an electronic system perform, the following operations:
- (a) check if the fine status query has been submitted by a recognised user:
- (b) if the identity of the recognised user is confirmed, compare the identifying particulars of the query subject with identifying particulars recorded in the fines enforcement records:
- (c) if the identifying particulars of the query subject in the fine status query are, according to prescribed criteria, shown to correspond with those of a defendant recorded in the fines enforcement records as having a default balance, the chief executive must send the recognised user a fine status response stating that, as at the date of the response, the query subject has a default balance and the amount of that balance:
- (d) in any case to which paragraph (c) does not apply, the chief executive must send the recognised user a fine status response stating that the identifying particulars of the query subject do not correspond with the identifying particulars of any defendant shown in the fines enforcement records as having a default balance.
(2) If compliance with subsection (1) is for any reason impracticable, the chief executive must notify the recognised user that the fine status query cannot be processed and may ask the recognised user to submit another fine status query.

Section 92E: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92F Disclosure and use of fine status response restricted

(1) A recognised user may not disclose the information contained in a fine status response unless the decision is made—
- (a) for the purpose of making the information available, in accordance with the Privacy Act 1993, to the query subject to whom the information relates; or
- (b) for the purposes of an audit conducted under section 92H or to a Registrar under section 100K; or
- (c) in accordance with subsection (2), in any case where the recognised user is a credit reporter.
(2) A credit reporter may only disclose the information contained in a fine status response to the subscriber who requested the information, and only if the disclosure is made not later than 24 hours after receipt, under section 92E, of that response.

(3) A person who contravenes this section or who discloses or uses information in contravention of any regulations made under section 92I is, for the purposes of Part 8 of the Privacy Act 1993, taken to have breached an information privacy principle under section 66(1)(a)(i) of that Act.

Section 92F: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92G Query subject to be notified of proposed combination of information

(1) This section applies where—
- (a) the identifying particulars submitted in a fine status query about a query subject diverge in 1 or more respects (the diverging particulars) from the identifying particulars by which a particular defendant, with a default balance, is identified in the fines enforcement records; and
- (b) the chief executive nevertheless has reason to believe that the identifying particulars are those of that defendant; and
- (c) the chief executive proposes to combine the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant.
(2) Before the chief executive combines the diverging particulars with the identifying particulars shown in the fines enforcement records about the defendant, the chief executive must first comply with section 103 of the Privacy Act 1993 as if the diverging particulars were a discrepancy and the proposed combination were an adverse action taken against the query subject.

(3) If, following the chief executive's compliance with section 103 of the Privacy Act 1993, any information in the fine status response sent to a recognised user about a query subject is shown to be incorrect, the chief executive must notify the recognised user of the corrected information.

(4) If the recognised user is a credit reporter who has disclosed the information contained in the fine status response to a subscriber, the credit reporter must promptly advise the subscriber of the corrected information.

(5) For the purposes of section 100K, any corrected information received by a recognised user or subscriber under subsection (3) or (4) must be disregarded.

Section 92G: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92H Monitoring and audits by chief executive

(1) The chief executive must—
- (a) monitor the compliance of recognised users with sections 92D and 92F, with regulations made under section 92I, and with conditions imposed on recognised users by the chief executive:
- (b) in accordance with regulations made under section 92I, audit the records of recognised users for that compliance.
(2) In performing the chief executive's functions under subsection (1), the chief executive must periodically report to the Privacy Commissioner on the performance of the chief executive's functions under that subsection.
(3) The chief executive must—
- (a) monitor his or her compliance with sections 92C to 92G and this section and with any regulations made under section 92I; and
- (b) report to the Privacy Commissioner, at agreed intervals, on that compliance.
Section 92H: inserted, on 13 February 2012, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

92I Regulations

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister for Courts, make regulations for all or any of the following purposes:
- (a) prescribing the criteria to be applied by the Minister for Courts in authorising agencies as recognised users:
- (b) specifying classes of persons for the purposes of the definition of recognised user in section 92A:
- (c) prescribing the procedure, requirements, or other matters in relation to the cancellation of access codes, including the circumstances when access codes may be suspended immediately pending their proposed cancellation and when prior notice about the proposed cancellation and the opportunity for submissions in that respect are required to be given to the recognised user concerned:
- (d) providing for the manner in which fine status responses are disclosed to recognised users:
- (e) providing for the manner in which identifying particulars received from recognised users are processed:
- (f) requiring recognised users to take all reasonable steps to ensure that a query subject's driver licence number (if any) or driver licence card number (if any), or both, are obtained from the query subject by or on behalf of the recognised user each time a fine status query is submitted:
- (g) prescribing criteria for assessing whether the identifying particulars of a query subject in a fine status query correspond with those of a person shown in the fines enforcement records as having a default balance:
- (h) prescribing criteria by which divergences in particulars are to be regarded, or are not to be regarded, as diverging particulars for the purposes of section 92G:
- (i) prescribing restrictions on the disclosure and use, by recognised users and subscribers, of the information contained in fine status responses, including, without limitation, restrictions on combining that information with other information:
- (j) prescribing the manner in which the information contained in a fine status response may be disclosed by a recognised user who is a credit reporter to the subscriber who requested the information:
- (k) prescribing the period for which fine status responses may be retained or used by recognised users and subscribers, and requiring the destruction of those responses on the expiry of specified periods:
- (l) providing for the manner and timing of audits conducted under section 92H, and for the delivery of audit reports to the Privacy Commissioner and any other persons specified in the regulations:
- (m) prescribing, for audit purposes, the kinds of records that recognised users must keep in respect of fine status queries and fine status responses, and the manner in which, and the duration for which, those records must be kept:
- (n) providing for a person's status as a recognised user to be terminated by the Minister for Courts in specified circumstances, even though that person comes within the definition of that term in section 92A:
- (o) prescribing the fees that are payable in respect of access codes allocated by the chief executive, fine status queries, or fine status responses.
(2) Before the Minister for Courts recommends the making of regulations under subsection (1), the Minister must—
- (a) consult the Privacy Commissioner; and
- (b) be satisfied that the proposed regulations are consistent with the purpose stated in section 92B(1) and the legislative framework described in section 92B(2).
(3) Subsection (1)(f) does not apply unless the definition of credit information in the credit reporting code of practice includes driver licence numbers and driver licence card numbers.

(4) This section does not limit section 212.

Section 92I: inserted, on 23 July 2011, by section 31 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Written cautions in case of certain traffic fines

Heading: inserted, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

93 Written caution to person holding interest in motor vehicle

(1) If a defendant defaults in paying any traffic fine for a traffic offence committed while using a motor vehicle in which the defendant does not appear to have an interest, the Registrar may order that a written caution be issued and served on any person who appears to own or to have an interest in the motor vehicle.
(2) Despite subsection (1), a written caution is not to be served—
- (a) on anyone if the Registrar is satisfied that the motor vehicle—
  - (i) was stolen or converted at the material time; or
  - (ii) was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998; or
- (b) on a person who the Registrar is satisfied is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant.
(3) The written caution must state that any motor vehicle in which the person has an interest is liable to be seized if the defendant defaults in paying a traffic fine for any further traffic offence committed—
- (a) while using a motor vehicle in which the person has an interest as owner or otherwise; and
- (b) within 4 years after the date on which the written caution is served on the person.
(4) A written caution must provide the following information:
- (a) the name and identifying details of the defendant:
- (b) the relevant traffic fine that the defendant has defaulted in paying:
- (c) the identifying details of the motor vehicle in which the relevant traffic offence or traffic offences were committed:
- (d) that the recipient is believed to have owned or to have had an interest in the motor vehicle at the material time and that none of the reasons stated in subsection (2) has been established to the satisfaction of the Registrar:
- (e) the recipient’s right to seek a review of the Registrar’s decision to order the service of the written caution on the recipient.
Section 93: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

93A Seizure and disposal of motor vehicles: application of sections 100A to 100Y instead of sections 94 to 100

Section 93A: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

94 Review of written caution

(1) A person served with a written caution under section 93 may, within 20 working days after the date of service, apply to the court for a review by a District Court Judge of the decision to serve the person, on 1 or more of the following grounds:
- (a) the motor vehicle was stolen or converted at the material time:
- (b) the person did not own or have an interest in the motor vehicle at the material time:
- (c) the person is a secured party under a security agreement relating to the motor vehicle, or the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
- (d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

(3) The Judge must conduct the review on the papers unless the Judge considers that a hearing is necessary.
(4) If the Judge is satisfied that a ground stated in subsection (1) applies, the following provisions apply:
- (a) the Judge must cancel the written caution served on the applicant:
- (b) if the ground for cancelling the applicant's written caution is that stated in subsection (1)(a) or (d), the Judge must also cancel the written caution served on any other person under the same order that required service of the written caution on the applicant:
- (c) the Registrar must notify every person (including the applicant) whose written caution is cancelled of that outcome:
- (d) if a written caution served on a person is cancelled, the written caution is deemed not to have been served on the person.
Section 94: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

94A Personal property securities register to be checked

[Repealed]

Section 94A: repealed, on 1 December 2009, by section 7 of the Summary Proceedings (Vehicle Seizure) Amendment Act 2009 (2009 No 38).

94B Immobilisation of motor vehicles

[Repealed]

Section 94B: repealed, on 1 December 2009, by section 7 of the Summary Proceedings (Vehicle Seizure) Amendment Act 2009 (2009 No 38).

95 Written caution of no effect if fine quashed or set aside

(1) If the fine in respect of which a written caution has been served on a person is quashed or set aside, the written caution ceases to have effect and is deemed not to have been served.

(2) If a written caution ceases to have effect under subsection (1), the Registrar must notify every person served with the written caution of that outcome.

Section 95: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

96 Challenge of seizure by persons treated as substitutes

(1) If a motor vehicle is seized on the basis that the person who owns or appears to own it or has or appears to have an interest in it, is a substitute for the defendant, that person may, within 7 days after the date of the seizure, apply to a District Court Judge to challenge the seizure on 1 or more of the following grounds:
- (a) the motor vehicle was stolen or converted at the material time:
- (b) the person did not own or have an interest in the motor vehicle at the material time:
- (c) the person is a secured party under a security agreement relating to the motor vehicle or the lessor of the motor vehicle under a lease, but has no relationship of another kind with the defendant:
- (d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998:
- (e) the person took all reasonable steps to prevent the defendant from committing the traffic offence or traffic offences:
- (f) the person had not, before the commission of the relevant traffic offence, been served with a written caution under section 93 in relation to the defendant.
(2) Every application must include a statutory declaration that specifies a ground stated in subsection (1) and why that ground applies.

(3) The Judge must consider the application on the papers unless the Judge considers that a hearing is necessary.
(4) The Judge may order the return of the motor vehicle if satisfied that—
- (a) a ground stated in subsection (1)(a) or (d) applies; or
- (b) another ground stated in subsection (1) applies to the applicant and to every other person who is treated as a substitute for the defendant; or
- (c) it would, in the circumstances, be unreasonable for the vehicle to be sold or disposed of.
Section 96: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Seizure, release, and sale of property

Heading: inserted, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

97 Purposes of sections 98 to 100T

The purposes of sections 98 to 100T are—
- (a) to enable a fine or any fines in default to be collected more effectively through the seizure of property; and
- (b) in cases where the fine or fines in default relate to traffic offending, to reduce opportunities for offending of that kind.
Section 97: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

98 Warrant to seize property

(1) If any warrant to seize property is issued under section 83(2)(a), 87(2)(a), or 88AE(1)(a), the warrant applies so as to authorise the seizure of—
- (a) any property that is apparently the property of the defendant:
- (b) any motor vehicle that is apparently the property of the substitute if the warrant is issued for a traffic fine and there is a substitute for the defendant.
(2) Every warrant to seize property of the kind described in subsection (1)(a) or (b), or both, must—
- (a) be in a form approved under section 209A; and
- (b) contain full details of the fine and the amount remaining unpaid in respect of the fine.
(3) A warrant to seize property referred to in subsection (1) may be in the form of a computer printout of information entered by a Registrar into a computer system accessible to the Police or a bailiff.
(4) In addition to subsection (3), the following provisions apply to the warrant to seize property:
- (a) information about a defendant that the Registrar entered may be printed out by a constable or bailiff, and for all purposes constitutes a warrant to seize property:
- (b) the warrant is valid for a period of 28 days beginning on the date of its printing, and the warrant then lapses:
- (c) at any time and from time to time after a warrant lapses under paragraph (b),—
  - (i) the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the Police or a bailiff:
  - (ii) a constable or bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and each one of the printouts constitutes a fresh warrant to seize property.
(5) A constable or bailiff may execute a warrant to seize property referred to in subsection (1) or a computer printout that, under this section, constitutes a warrant to seize property.

(6) Subsection (3) does not limit any other provision of this Act.

Section 98: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

99 Seizure of property

(1) For the purpose of executing any warrant to seize property, the bailiff or constable executing it may enter any premises, by force if necessary, if that bailiff or constable has reasonable cause to believe that property in respect of which the warrant is issued is on the premises.

(2) If any person is in actual occupation of the premises, the bailiff or constable must, on entering, produce the warrant to that person and demand payment.

(3) Where the fine is paid on the production of a warrant to seize property, the payment must be recorded on the warrant and the warrant is then of no further effect.

(4) Without limiting anything in section 100C, any bailiff or constable seizing a motor vehicle under a warrant to seize property may, instead of or while seizing the vehicle, immobilise the vehicle by attaching to the vehicle any device designed for that purpose.
(5) When property is seized under a warrant to seize property, the bailiff or constable must promptly give the defendant or the substitute a notice in a form approved by the chief executive—
- (a) identifying the property seized; and
- (b) directing the defendant or the substitute for the defendant to notify the Registrar, within 7 days after the date of the seizure, whether the defendant or the substitute owns or has an interest in the property and to give the Registrar the name and address of any other person who owns or has an interest (including a lease or security interest) in the property.
(6) The notice required to be given by subsection (5) must be delivered to the defendant or the substitute, or left for the defendant or the substitute in a conspicuous place at the premises from which the property is seized, or sent to the defendant or the substitute by ordinary post, fax, email, or other electronic means.

Section 99: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100 Seizure of motor vehicles impounded under Land Transport Act 1998

(1) Any motor vehicle in which the defendant or a substitute for the defendant appears to have an ownership interest or other interest may be seized under a warrant to seize property even if it is impounded under section 96 or 96A of the Land Transport Act 1998, as long as it has been impounded under that Act for at least 14 days.

(2) The power to seize a motor vehicle described in subsection (1) is not limited by any appeal pending under section 102 or 110 of the Land Transport Act 1998.

Section 100: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Seizure, release, and sale of motor vehicles

[Repealed]

Heading: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100A Seizure of motor vehicle not precluded by low value or low interest

Consistent with the purposes stated in section 97, a motor vehicle may be seized in accordance with this Part even though it would be uneconomic to sell the vehicle or the proceeds from a sale of the vehicle would be insufficient to pay the fine in default or any part of that fine, whether because of the low value of the vehicle or the low value of the interest that the defendant or the substitute has in the motor vehicle, or for any other reason.

Section 100A: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100B Seized property to be retained by or for Registrar

(1) The bailiff or constable executing a warrant to seize property must ensure that property seized under the warrant is—
- (a) taken to the Registrar; or
- (b) if the Registrar so directs, taken to, or retained by, any person or at any place specified for the purpose by the Registrar.
(2) If any motor vehicle that is seized under a warrant to seize property fails to comply in any respect with section 242 of the Land Transport Act 1998, then—
- (a) the vehicle may, despite that Act or any other enactment, be towed to any place specified by the Registrar; and
- (b) no person who seizes, retains, or disposes of the vehicle in accordance with this Act is under any criminal or civil liability merely because of the failure of the vehicle to comply with that section.
(3) The Registrar must ensure the seized property is retained until the fine is paid or the property is sold, or assigned or applied, or otherwise disposed of or released in accordance with a determination of the Registrar or a District Court Judge.

Section 100B: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100C Immobilisation of motor vehicles

(1) Any bailiff or constable executing a warrant to seize property may, while seizing or instead of seizing any motor vehicle, immobilise the vehicle by attaching to the vehicle any device designed for the purpose, pending the payment of the fine in default.
(2) No motor vehicle may be immobilised under subsection (1) unless, at the time of its immobilisation, it is—
- (a) on private property; or
- (b) in a public place and the bailiff or constable is satisfied that immobilising the vehicle will not cause undue inconvenience to other persons.
(3) Where any motor vehicle is immobilised under subsection (1), any bailiff or constable—
- (a) may at any time seize the vehicle:
- (b) must, on the direction of a Registrar, seize the vehicle.
(4) When a motor vehicle is seized under subsection (3), section 100B applies accordingly.

(5) If, 14 days after the date of the immobilisation of any motor vehicle under subsection (1), the fine remains unpaid or is not resolved, the Registrar must direct a bailiff or constable to seize the vehicle.
(6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
- (a) tampers with, removes, or attempts to remove a device attached to a motor vehicle under subsection (1); or
- (b) removes, or attempts to remove,—
  - (i) a motor vehicle to which a device is, or has been, attached under subsection (1); or
  - (ii) any part of that vehicle; or
  - (iii) any other property from that vehicle.
Section 100C: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100D Personal property securities register to be checked

(1) If property is seized under a warrant to seize property, the Registrar must, on the next working day after the property is seized, check whether a financing statement that relates to the property has been registered on the personal property securities register kept under the Personal Property Securities Act 1999.
(2) If a financing statement has been registered, the Registrar must promptly notify the person named as the secured party (including any lessor) in the financing statement of the following:
- (a) that the Registrar may, under section 100P, sell the property after the expiration of 7 days from the date of seizure if the fine remains unpaid and no claim has been made in respect of the property by a person other than—
  - (i) the defendant; or
  - (ii) where the property is a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute:
- (b) the rights that may be available to the person under sections 100H, 100J, and 100Q.
Section 100D: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100E Release of property if fine and other costs paid or if certain appeals successful

(1) Any property that has been seized and is retained by the Registrar may be returned to the person from whom it was seized or to the person apparently lawfully entitled to it if the following are paid:
- (a) the fine:
- (b) if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:
- (c) all costs incurred in seizing, transporting, and storing the property.
(2) Subsection (1) applies even though claims under any of sections 100F, 100H, and 100J are pending in respect of the property.

(3) If the property is a motor vehicle that has been seized from a substitute for the defendant, the only type of fines required to be paid under subsection (1)(a) are ones imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.

(4) If the property is a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may not be released under subsection (1) before the day after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act.

(5) Subsection (4) is subject to section 100L(1)(a) and (3).
(6) If an appeal under section 102 or 110 of the Land Transport Act 1998 against the impoundment of the motor vehicle is allowed before the expiry of the 28-day period for which the motor vehicle would otherwise be required to be impounded under section 96 or 96A of that Act,—
- (a) the Registrar must release the motor vehicle to the person who is registered in respect of that vehicle; and
- (b) that person is not liable for any fees and costs payable under an enactment in respect of the motor vehicle.
(7) Subsection (6)—
- (a) applies despite subsection (1) and sections 100F to 100J, 100L, and 100P; but
- (b) does not apply if the motor vehicle has already been released to a lessor or secured party under section 100H or 100L(1)(a) or been sold by the court under section 100P.
Section 100E: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100F Release of property to certain owners

(1) If satisfied that the defendant does not own the seized property, the Registrar or a District Court Judge must release the property to a person who satisfies the Registrar or the Judge that—
- (a) the person is the owner of the property; and
- (b) in the case of a motor vehicle seized in respect of a traffic fine, the person is not a substitute for the defendant or a nominee for the defendant or the substitute.
(2) If a person other than the defendant claims to own the property and the Registrar is not satisfied of the matters specified in subsection (1), the Registrar must issue a summons in a form approved under section 209A calling before the court the claimant and the defendant or, if applicable in the case of a motor vehicle seized in respect of a traffic fine, the substitute for the defendant.

(3) The issue of a summons under subsection (2) stays any action brought in respect of the claim.
(4) Where a summons has been, or is to be, issued under subsection (2), the Registrar may release the property to the defendant or, if applicable in the case of a motor vehicle, to the substitute for the defendant if a deposit is paid or security is provided for whichever is the lesser of—
- (a) the value of the seized property; or
- (b) the fine in default, including the costs incurred in seizing, transporting, and storing the property, and any impoundment costs.
(5) In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
- (a) may not be released under this section unless—
  - (i) the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
  - (ii) any impoundment costs have been paid into court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
- (b) may be sold under section 100P if those costs are not paid in accordance with paragraph (a)(ii).
Section 100F: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100G Determination of claim by owners

(1) In determining a claim under section 100F(2), a District Court Judge may, if the property has not yet been sold, assigned, applied, or otherwise disposed of, release the property to the claimant if satisfied that—
- (a) the defendant does not own the property; and
- (b) in the case of a motor vehicle seized in respect of a traffic fine, the claimant is not a substitute for the defendant or a nominee for the defendant or the substitute.
(2) The Judge may, if the property is a motor vehicle that has not yet been sold or otherwise disposed of, release the motor vehicle to a person whose motor vehicle was seized because the person was taken to be a substitute for the defendant if satisfied that 1 or more of the following grounds apply:
- (a) the motor vehicle was stolen or converted at the material time:
- (b) the person did not own or have an interest in the motor vehicle at the material time:
- (c) the person is a secured party under a security agreement relating to the motor vehicle, or is the lessor of the motor vehicle under a lease, but who has no relationship of another kind with the defendant:
- (d) the motor vehicle was let on hire at the material time in accordance with a rental service licence under the Land Transport Act 1998.
(3) In the case of a motor vehicle seized in respect of a traffic fine, the Judge may ask any claimant to satisfy the Judge that any agreement, transfer, or change in registration or ownership is genuine if the Judge has reason to question whether the claimant is a nominee for the defendant or any substitute for the defendant.

(4) A person who claims to have acquired property from the defendant after the commission of any offence or after the taking of any enforcement action against the defendant must satisfy the Judge that the transaction on which the acquisition was based was genuine.
(5) In any case where the motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle—
- (a) may not be released under this section unless—
  - (i) the 28-day period for which the vehicle would otherwise be required to be impounded under that Act has expired; and
  - (ii) any impoundment costs have been paid into court within 7 days after the close of that period or within any longer period specified by the Registrar in writing; and
- (b) may be sold under section 100P if those costs are not paid in accordance with paragraph (a)(ii).
(6) If the claimant succeeds in the claim to the property,—
- (a) any deposit paid or security provided must be returned to the person who provided it; and
- (b) a District Court Judge may order the defendant to reimburse any person for any costs that have been paid into court under section 100Q.
(7) If the claimant does not succeed in the claim to the property, any deposit paid or security provided may be applied as if it were the proceeds of the sale of the property.

Section 100G: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100H Lessor may apply to Registrar

(1) This section applies if—
- (a) the property seized is subject to a lease; and
- (b) the lessor is not the defendant; and
- (c) the property is a motor vehicle seized in respect of a traffic fine, and the lessor is neither—
  - (i) a substitute for the defendant; nor
  - (ii) a nominee for the defendant or the substitute.
(2) The lessor may apply to the court, at any time before the Registrar has sold the property, for the release of the property to the lessor as if the defendant or the substitute for the defendant or the nominee for the defendant or the substitute had breached the terms of the lease.

(3) On an application under subsection (2), the Registrar or a District Court Judge may release the property to the lessor.

(4) Property that is a motor vehicle may also be released under subsection (3) if it has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act has not yet expired.

(5) On the release of property under subsection (3) to the lessor, the lease is cancelled.

(6) This section is subject to section 100M.

Compare: 2002 No 9 s 140

Section 100H: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100I What happens if lessor does not apply to Registrar before property sold or disposed of

(1) This section applies if—
- (a) section 100H applies; but
- (b) the lessor does not apply to the court for the release of the property under section 100H(2) before it is sold or disposed of; and
- (c) the proceeds of the sale have not been fully applied.
(2) The lessor may apply to the court for the release of the proceeds of the sale of the property that have not been applied.

(3) On an application under subsection (2), the Registrar or a District Court Judge may release the proceeds of the sale of the property in accordance with subsections (4) and (5).

(4) The proceeds of the sale of the property must be applied in accordance with section 100R as if the definitions of security agreement and security interest in section 79 included a lease and the lessor were a secured party as defined in that subsection.
(5) However, despite subsection (4), section 100R applies subject to the following modifications:
- (a) the proceeds of the sale of the property must be applied in payment to the lessor of the amount to which the lessor would, but for the sale, have been entitled under the lease; and
- (b) the proceeds of the sale of the property must be applied in the manner and order of priority set out in section 100R, except that,—
  - (i) in the case of a lease for a term of less than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) after they are applied for the payments described in section 100R(1)(a) and (b), but before they are applied for the remainder of the payments described in section 100R(1)(c) to (j); and
  - (ii) in the case of a lease for a term of more than 1 year, those proceeds must be applied for the payment to the lessor described in paragraph (a) as if they were payments described in section 100R(1)(c), and section 100R(2) applied.
(6) On the release of the proceeds of the sale of the property to the lessor, the lease is cancelled.

Section 100I: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100J Claims by secured parties

(1) The Registrar or a District Court Judge must, on application or on his or her own initiative, recognise a security agreement in respect of seized property if satisfied that a person has rights over that property as a secured party.
(2) The rights of a secured party may not be recognised under subsection (1) if the secured party is—
- (a) the defendant; or
- (b) in the case of a motor vehicle seized in respect of a traffic fine, a substitute for the defendant or a nominee for the defendant or the substitute.
(3) When a security agreement has been recognised under subsection (1), the Registrar must take the action prescribed in section 100K if it appears to the Registrar that—
- (a) the secured party is a person who enters into security agreements in the course of the person's business; and
- (b) the defendant is the debtor under the security agreement; and
- (c) the defendant has not become bankrupt or been put into liquidation since the date on which the defendant signed or assented to the security agreement (in this section and in section 100K referred to as the agreement date).
(4) The Registrar must—
- (a) establish the agreement date—
  - (i) from the security agreement or any other documentary evidence; or
  - (ii) if the agreement date cannot be so established, by determining the agreement date on the basis of any information that the Registrar considers relevant:
- (b) ascertain, in accordance with section 100K, whether the defendant had a default balance recorded against the defendant's name.
Section 100J: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100K Certification of default balance

(1) In order to assist the Registrar to ascertain whether the defendant had a default balance recorded against the defendant's name, the secured party may present to the Registrar evidence of a fine status response about the defendant.
(2) On being satisfied of the authenticity of the evidence presented under subsection (1), the Registrar must accept the fine status response if—
- (a) the date to which the fine status response relates is not earlier than—
  - (i) 20 working days before the agreement date; or
  - (ii) 20 working days before the date on which the provision of credit secured under the security agreement was approved, where the Registrar is presented with satisfactory evidence of the date of that approval; or
- (b) where the fine status response does not come within paragraph (a), the Registrar is satisfied that, in providing the credit secured under the security agreement, the secured party relied on that fine status response, and that there are exceptional circumstances that justify that reliance.
(3) If—
- (a) a fine status response accepted under subsection (2) does disclose a default balance consisting of 1 or more fines; and
- (b) the defendant still owes those fines in whole or part—
the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
(4) If—
- (a) there is no evidence, or no satisfactory evidence, of a fine status response or if a fine status response has not been accepted under subsection (2); and
- (b) as at the agreement date, the defendant had a default balance consisting of 1 or more fines; and
- (c) the defendant still owes those fines in whole or part—
the Registrar must certify that the secured party's security interest is subject to that default balance, less any amounts by which those fines have since been paid or reduced.
(5) If section 92D was not in force as at the agreement date, the Registrar must certify that the secured party's security interest is not subject to a default balance.

(6) In this section, fine status response has the same meaning as in section 92A.

Section 100K: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100L Sale of secured property by secured party or by court

(1) When the applicability of a default balance has been ascertained under section 100K, a District Court Judge or the Registrar may, if the property has not yet been sold,—
- (a) release the property to a secured party, at the request of the secured party, and direct the secured party to sell the property and account for the proceeds of sale in accordance with section 100N; or
- (b) order the sale of the property under section 100P.
(2) If the Judge or Registrar takes action under subsection (1)(a) and 2 or more secured parties have requested the taking of that action, then the Judge or Registrar must release the property to the secured party with the highest-ranking security interest under the order of priority determined by Part 7 or 8 of the Personal Property Securities Act 1999.

(3) If the property is a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the motor vehicle may also be released under subsection (1)(a) even though the 28-day period of impoundment for which the motor vehicle would otherwise be required to be impounded under that Act has not yet expired.

(4) A purchaser of property that is sold to the purchaser under a direction given under subsection (1)(a) obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale.

(5) Subsection (1)(a) is subject to section 100M.

Section 100L: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100M Certain payments required before release to lessor or secured party takes effect

(1) An order for the release of property under section 100H(3) or 100L(1)(a) does not take effect unless the following costs have been paid into court:
- (a) if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, any impoundment costs:
- (b) any costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part:
- (c) in the case of a secured party claiming under a security agreement, any applicable default balance certified under section 100K in respect of that agreement.
(2) Any payments required to be paid by subsection (1) must be paid within 7 days after the day on which the lessor or secured party is notified of the decision to release the property, or within any longer period specified by the Registrar in writing.

(3) If the payments specified in subsection (1) are not paid in accordance with subsection (2), the property may be sold under section 100P.

Section 100M: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100N Application of proceeds of sale by secured party

(1) A person to whom property is released under section 100L(1)(a) must, on selling the property,—
- (a) account to the Registrar for the proceeds of the sale:
- (b) pay into court the proceeds of the sale, less—
  - (i) any amount paid under section 100M; and
  - (ii) the amount of the costs and expenses of, and incidental to, the sale.
(2) The Registrar must then apply the balance remaining in accordance with section 100R(1)(c) to (j) and (2), with all necessary modifications.

Section 100N: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100O Failure by secured party to sell or account for proceeds

(1) If the secured party fails to comply with a direction under section 100L(1)(a) and has not sold the property,—
- (a) the Registrar must issue, in a form approved by the chief executive, a warrant to recover property; and
- (b) the property may be recovered under that warrant as the property of the defendant or (if the property is a motor vehicle seized from a substitute of the defendant) the substitute for the defendant; and
- (c) section 98 applies in respect of the property with all necessary modifications.
(2) As soon as practicable after the property is delivered into a Registrar’s custody under subsection (1), the Registrar must arrange for the sale of the property as if it were a sale under section 100P and apply the proceeds of sale in accordance with section 100R(1) or, as the case requires, in accordance with a direction under section 100R(5).

(3) A secured party who fails, in whole or in part, to pay into court the money required under section 100N(1)(b) is liable to the Crown for any amount not paid, and that amount may be recovered from the secured party as a debt due to the Crown.

Section 100O: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100P Sale or disposal of property seized

(1) If any fine in respect of which property has been seized under a warrant to seize property remains unpaid, a District Court Judge or the Registrar may, after the expiry of the relevant period specified in subsection (2), order—
- (a) that the property be sold at public auction or in any other manner that the Judge or Registrar directs; or
- (b) in the case of a negotiable instrument, that the Registrar obtain payment under, assign, or otherwise dispose of the negotiable instrument; or
- (c) in the case of money, that the Registrar apply the money in accordance with section 100R.
(2) The relevant period referred to in subsection (1) is 7 days after the day on which the property was seized or, if the property is a motor vehicle that was seized while impounded under section 96 or 96A of the Land Transport Act 1998, the later of—
- (a) the day after the close of the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act; or
- (b) the expiry of 8 days after the day on which the motor vehicle was seized.
(3) A motor vehicle may be sold under this section even though it fails to comply in any respect with section 242 of the Land Transport Act 1998, and the purchaser of that motor vehicle—
- (a) is, despite that Act or any other enactment, entitled to tow the motor vehicle to any appropriate place; and
- (b) in so towing the vehicle, is under no criminal or civil liability merely because of the failure of the vehicle to comply with that section; and
- (c) must comply in all respects with that Act as soon as the motor vehicle has been towed to that place.
(4) Despite subsections (1) to (3), the Registrar may dispose of a motor vehicle in any manner that he or she thinks fit if the Registrar has reasonable grounds to believe that the motor vehicle is a low-value motor vehicle referred to in section 100A.

(5) If the Registrar considers that a motor vehicle is not roadworthy and that it would be uneconomic to render it roadworthy, the Registrar must, before the motor vehicle is sold or disposed of under this section, apply, under the Land Transport Act 1998, to have the registration of the motor vehicle cancelled as if the Registrar were the person who, under that Act, is entitled to apply for that cancellation.

(6) The sale of a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998 is not affected by any appeal that is pending after the 28-day period for which the motor vehicle would otherwise be required to be impounded under that Act, or by any appeal that is determined after that period.
(7) In any case where a motor vehicle has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, the vehicle may be sold under this section (even if the fine and all costs incurred in seizing, towing, and storing the vehicle have been paid) if any impoundment costs are not paid within—
- (a) 7 days after the close of the 28-day period for which the vehicle would otherwise be required to be impounded under that Act; or
- (b) any longer period specified by the Registrar in writing.
(8) The sale of property by the Registrar is deferred by a pending claim in respect of the property only if the costs of storage have been paid under section 100Q or a deposit has been paid, or security has been provided, under section 100F.
(9) However, the property may be sold and the proceeds of the sale must be held until the pending claim is determined if—
- (a) the costs of storage have not been paid under section 100Q; or
- (b) a deposit has not been paid, or security has not been provided, under section 100F.
(10) The purchaser or assignee of property sold or disposed of under this section obtains, by virtue of this section, good title to the property free of all ownership interests and other proprietary interests held in the property before that sale or disposition.

Section 100P: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100Q Registrar must defer sale if storage costs paid

(1) Any person may pay into court the costs incurred by the court in storing any property and as long as those costs, and any recurring storage costs, are paid, the Registrar must defer the sale of the property.

(2) A payment made under subsection (1) may not be less than the amount of the costs incurred in a period of 8 days.

Section 100Q: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100R Application of proceeds of sale

(1) When property is sold under section 100P, the proceeds of the sale must be applied in the following manner and order of priority:
- (a) if the property is a motor vehicle that has been impounded under section 96 or 96A of the Land Transport Act 1998, in payment of any impoundment costs:
- (b) in payment of the costs of the sale (including all costs incurred in seizing, transporting, and storing the property and in complying with the provisions of this Part preliminary to sale):
- (c) if 1 or more security agreements have been recognised under section 100J before the proceeds of the sale are fully applied, in payment to each secured party of the amount to which the secured party would, but for the extinguishment of the security interest concerned, have been entitled under that agreement less any applicable default balance certified, under section 100K, in respect of that agreement:
- (d) in payment of any amount of reparation payable by the defendant:
- (e) in payment of any offender levy:
- (f) in payment of the fine specified in the warrant:
- (g) in payment to any secured party or secured parties of the applicable default balance or the applicable default balances certified under section 100K and deducted under paragraph (c):
- (h) in payment of any fees and accident insurance levies prescribed under section 242(2)(b) of the Land Transport Act 1998 that are outstanding in respect of the vehicle:
- (i) in payment of any road user charges under Road User Charges Act 2012 that are outstanding in respect of the vehicle:
- (j) to the defendant or, as the case requires, to the substitute for the defendant.
(2) If any proceeds of sale are required to be applied to 2 or more security interests under subsection (1)(c), those proceeds must be applied in the order of the priority determined for those security interests by Part 7 or 8 of the Personal Property Securities Act 1999.

(3) If any proceeds of sale are required to be applied to 2 or more default balances under subsection (1)(g), those proceeds must be applied to those default balances in the order of the priority determined for the applicable security interests by Part 7 or 8 of the Personal Property Securities Act 1999.

(4) If the proceeds arise out of the sale of a motor vehicle owned by a substitute for the defendant or in which the substitute had an interest, the proceeds must be applied in the manner and order of priority specified in subsection (1), except that the payments described in paragraphs (d) to (f) of that subsection are limited to amounts imposed in respect of traffic offences committed by the defendant in a motor vehicle that, at the time of the commission of the offence, was owned by the substitute or in which the substitute had an interest.

(5) The Judge may, on application or on his or her own initiative, give any directions as to the application of the proceeds of sale under this section.

Section 100R: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100S Remission of fine and costs of sale in certain cases involving motor vehicles

(1) This section applies if the realisation under section 100N or 100P of any motor vehicle seized in respect of a fine does not result in a reduction of the defendant's fine by more than $100.
(2) The Registrar must—
- (a) remit the impoundment costs and the costs of the sale of the motor vehicle (as those costs are described in section 100R(1)(a) and (b)); and
- (b) remit—
  - (i) the entire fine in default for which the motor vehicle was seized, if the amount of that fine is $100 or less; or
  - (ii) $100 less any proceeds of that sale that have been applied towards paying the fine in default, if the amount of that fine is greater than $100.
  Example
  
  A motor vehicle seized in respect of a fine sells for $350. The impoundment costs and the costs of the sale of that motor vehicle are $300. This leaves a balance of $50 to be deducted from the fine. However, the Registrar must remit a further $50 of the fine in order to comply with the requirement for $100 to be deducted from the fine.
(3) The reference to fine in subsection (2)(b) excludes—
- (a) any reparation that the defendant is liable to pay, other than court costs and other costs that have been added to that reparation; and
- (b) any offender levy.
Section 100S: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100T Compensation to person with interest in property sold

(1) This section applies if—
- (a) a person (other than the defendant or a substitute for the defendant or a nominee for the defendant or the substitute) suffers loss through the sale under section 100P of property in which the person had an interest; and
- (b) the defendant or the substitute had not before the sale notified the Registrar of the person's interest in the property.
(2) If this section applies, a Judge may, on the application of that person, order the defendant to pay to the person compensation in respect of the loss.

(3) Subsection (2) does not limit or affect any other remedy that a person may have in respect of loss referred to in that subsection.

Section 100T: replaced, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100U Claims by creditors

[Repealed]

Section 100U: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100V Certain payments required before release to lessor or creditor takes effect

[Repealed]

Section 100V: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100W Application of proceeds of sale by creditor

[Repealed]

Section 100W: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100X Failure by creditor to sell or account for proceeds

[Repealed]

Section 100X: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

100Y Compensation to person with interest in motor vehicle sold

[Repealed]

Section 100Y: repealed, on 13 February 2012, by section 32 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

101 Offence to interfere with or rescue property seized

Every person commits an offence who interferes with, or rescues or attempts to rescue, any property knowing it to be seized under a warrant to seize property and is liable on summary conviction to imprisonment for a period not exceeding 3 months or to a fine not exceeding $2,000, and may be arrested without warrant by any bailiff or constable.

Section 101: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

102 Protection of Registrar, bailiff, etc

No Registrar and no bailiff, constable or other officer shall be personally liable for any act done or omitted in good faith in the performance or purported performance of any power or function under this Act relating to the immobilisation of any vehicle or to the seizure of property or its subsequent sale, assignment, application, or disposal.

Section 102: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 102: amended, on 13 February 2012, by section 33 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 102: amended, on 15 December 1994, by section 5 of the Summary Proceedings Amendment Act 1994 (1994 No 161).

102A Resisting or obstructing bailiffs

(1) If any person, without reasonable excuse, resists or obstructs a bailiff while the bailiff is executing a warrant for arrest issued under section 88(4) or a computer printout that, under section 88AA, constitutes a warrant for arrest, the bailiff or any constable may take that person into custody, with or without a warrant, and bring that person before a Judge.

(2) The Judge may order the person to pay a fine not exceeding $300.

(3) This section does not prevent proceedings being taken against a person under some other Act instead of under this section.

Section 102A: inserted, on 1 November 1998, by section 26 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 102A(1): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

102B Proceedings against bailiffs acting under warrants

(1) No proceeding may be commenced against a bailiff for anything done under a warrant for arrest issued under section 88(4) or a computer printout that, under section 88AA, constitutes a warrant for arrest, unless—
- (a) a demand for inspection of the warrant and for a copy of the warrant is made or left at the office of the court by the party intending to bring the proceeding, or by his or her solicitor or agent; and
- (b) the demand is in writing and is signed by the person making the demand; and
- (c) the bailiff refuses or neglects to comply with the demand within 6 days after it is made.
(2) If any proceeding is commenced against a bailiff where a demand referred to in subsection (1) has been made and not complied with, judgment must be given for the bailiff if the warrant is produced or proved at the trial even though there may be a defect of jurisdiction or other irregularity in the warrant.

(3) The Registrar who issued the warrant may be joined as a defendant in the proceeding and, if the Registrar is joined and judgment is given against the Registrar, the costs to be recovered by the plaintiff against the Registrar must include the costs that the plaintiff is liable to pay to the bailiff.

Sections 102B: inserted, on 1 November 1998, by section 26 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 102B(1): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

103 Effect of attachment order

(1) An attachment order under section 87(2)(b) or section 88AE(1)(a) shall be in a form approved under section 209A and shall be dealt with and have effect as provided in sections 104 to 106B.

(2) [Repealed]

Compare: 1957 No 87 s 95

Section 103: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 103(1): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 103(1): amended, on 13 February 2012, by section 34(a) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 103(1): amended, on 13 February 2012, by section 34(b) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 103(2): repealed, on 1 April 1996, by section 15 of the Summary Proceedings Amendment Act 1995 (1995 No 64).

104 Attachment order to be served on employer

(1) When an attachment order is made, a copy of the order must be served on the employer to whom it relates.

(2) [Repealed]

(3) Every attachment order shall take effect when a copy of the order is served on the employer in accordance with section 79A or 79B.

Compare: 1980 No 94 s 105

Section 104: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 104(1): replaced, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104(2): repealed, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104(3): amended, on 13 February 2012, by section 11 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

104A Power to obtain information in respect of employers

(1) This section applies if—
- (a) an attachment order is being made in respect of a defendant, or the Registrar is considering whether to vary, suspend, or cancel an attachment order made in respect of a defendant; and
- (b) the name, address, and telephone number of the employer of the defendant, or any of those details, are unknown or require clarification.
(1A) If this section applies, a Registrar may require the Commissioner of Inland Revenue to provide the Registrar with all or any of the following details:
- (a) the name of the employer of the defendant:
- (b) the address of the employer of the defendant:
- (c) the telephone number of the employer of the defendant.
(2) The Commissioner of Inland Revenue must comply with a requirement under subsection (1A)—
- (a) within a reasonable period; and
- (b) in the manner specified in the requirement; and
- (c) without imposing a charge.
(2A) A requirement under subsection (1A) may be made by post or by fax, email, or other electronic means.

(3) If the defendant has died and the Commissioner of Inland Revenue is aware of that fact, the Commissioner of Inland Revenue must advise the Registrar accordingly on receipt of a requirement under subsection (1A).

Section 104A: inserted, on 1 November 1998, by section 27 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

Section 104A(1): replaced, on 9 October 2006, by section 22(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 104A(1A): inserted, on 9 October 2006, by section 22(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 104A(1A): amended, on 13 February 2012, by section 35(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104A(2): amended, on 13 February 2012, by section 35(2)(a) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104A(2): amended, on 9 October 2006, by section 22(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 104A(2)(b): amended, on 13 February 2012, by section 35(2)(b) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104A(2A): inserted, on 13 February 2012, by section 35(3) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 104A(3): inserted, on 9 October 2006, by section 22(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 104A(3): amended, on 13 February 2012, by section 35(4) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

105 Content of attachment orders

(1) An attachment order must state—
- (a) when deductions are to be made, by reference to a period of a week, fortnight, month, or some other period (the earnings period); and
- (b) the amount or percentage to be deducted from the defendant's salary or wages for the earnings period; and
- (c) an amount or percentage below which the net amount paid to the defendant for the earnings period must not fall; and
- (d) that the money due and payable under the fine is, by way of the directed deductions, to be a charge on any salary or wages that from time to time while the attachment order remains in force become due and payable by the employer to the defendant.
(2) The charge created by the attachment order—
- (a) accrues from earnings period to earnings period, and on a day within, or following, each period that is specified in the attachment order; and
- (b) attaches to all salary or wages that become due by the employer to the defendant at any time while the attachment order is in force, whether or not the contract of employment in respect of which the salary or wages so become due existed at the date of the attachment order; and
- (c) prevails over and has priority to any assignment or charge created by the defendant (whether before or after the making of the attachment order against the defendant), so that the attachment order has the same effect as if no such assignment or charge had been made or created.
(3) Every attachment order applies for a fixed period stated in the order, and must not apply for a period of more than 5 years after the date on which the order is made by the Registrar.

(4) Despite subsections (1) and (2), no attachment order is to operate so that, when its effect is considered either alone or with the effect of any item specified in subsection (5), the net amount paid to a defendant for an earnings period is below the protected earnings rate for the earnings period; and, where necessary, the amount to be deducted from the defendant's salary or wages for the earnings period is treated as being reduced or cancelled accordingly.
(5) The items referred to in subsection (4) are—
- (a) a deduction notice or an attachment order under the Child Support Act 1991, the Family Proceedings Act 1980, the Social Security Act 1964, or the Tax Administration Act 1994:
- (b) a deduction for the recovery of payments under section 86 of the Social Security Act 1964.
(6) If any question arises in any case as to the priority to be accorded to an attachment order made under this Act, each of the items specified in subsection (5) has priority over that attachment order.
(7) In this section,—

net earnings, in relation to an earnings period, means the balance left after deducting from the defendant's salary or wages for the earnings period the amount of tax required to be withheld or deducted in accordance with the PAYE rules of the Income Tax Act 2007 if the salary or wages were the only salary or wages paid to the defendant by the employer for the earnings period
protected earnings rate, in relation to an earnings period, means the higher of—
- (a) 60% of net earnings for the earnings period; and
- (b) the amount or percentage stated under subsection (1)(c).
Section 105: replaced, on 13 February 2012, by section 36 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106 Liability of employer

(1) As long as an attachment order remains in force, the employer to whom it relates shall from time to time, whenever any money becomes due and payable by the employer to the defendant by way of salary or wages—
- (a) deduct from that money such sum as is sufficient to satisfy the charge on the money so far as the same has accrued before the day on which the salary or wages becomes due and payable; and
- (b) not later than the 20th day of the month next after the month in which the deduction is made pay the amount so deducted to a person, or into a trust account, in accordance with section 208.
(2) All sums so deducted are hereby deemed to have been paid by the employer in satisfaction of the salary or wages payable by the employer to the defendant.

(3) All sums so deducted are hereby deemed to have been paid by the defendant in satisfaction of the defendant's liability to pay the fine.

(4) If the defendant gives notice of resignation, or is given notice of dismissal, from the employment of the employer to whom the attachment order relates, the employer must, within 7 days after receiving or giving the notice, notify the Registrar of the court in which the attachment order was issued of the date of the last day of the defendant's employment.

(4A) If the employer to whom the attachment order relates ceases to pay salary or wages to the defendant for a reason other than the defendant's dismissal or resignation from the employment of the employer, the employer must, within 7 days after ceasing to pay the salary or wages, notify the Registrar of the court in which the attachment order was issued of the day on which the salary or wages ceased to be paid.

(5) Where the employer makes default in the payment of any money in satisfaction of any such charge, that money shall become a debt due by the employer to the Crown, and may be recovered by the Crown by action in any court of competent jurisdiction.

(6) Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who fails without reasonable excuse to comply with paragraph (a) or paragraph (b) of subsection (1).

Compare: 1980 No 94 s 108

Section 106: replaced, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 106(1)(b): amended, on 9 October 2006, by section 23 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 106(4): replaced, on 13 February 2012, by section 37 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 106(4A): inserted, on 13 February 2012, by section 37 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106A Wrongful treatment of employee

Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of—
- (a) the employee having been ordered to pay 1 or more fines; or
- (b) an attachment order having been served on the employer; or
- (c) the employer becoming aware that an attachment order is being made or has been made in respect of the employee.
Section 106A: replaced, on 13 February 2012, by section 38 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106B Extent to which attachment orders bind the Crown

(1) In this section—
employing department means—
- (a) a department of State in which a person is employed; and
- (b) in relation to a person to whom any retiring allowance or pension or other payment of a similar nature is payable—
  - (i) out of the Government Superannuation Fund, the Government Superannuation Fund Authority:
  - (ii) out of the National Provident Fund, the Board of Trustees of the National Provident Fund
servant of the Crown means a person in the service of Her Majesty in respect of the Government of New Zealand; and includes a person in temporary or casual service but does not include a person in honorary service; and also includes any person serving in any of the New Zealand Armed Forces; and also includes a person to whom any retiring allowance or pension or other payment of a similar nature is payable out of the Government Superannuation Fund or the National Provident Fund.
(2) Sections 104 to 106A shall bind the Crown to the extent of and subject to subsection (3).

(3) If the defendant liable to pay a fine is a servant of the Crown, an attachment order may be made against the Crown as employer.

Compare: 1980 No 94 s 117

Section 106B: inserted, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 106B(1) employing department paragraph (b): replaced, on 1 October 1995, by section 31 of the Government Superannuation Fund Amendment Act 1995 (1995 No 28).

Section 106B(1) employing department paragraph (b)(i): amended, on 2 October 2001, by section 40 of the Government Superannuation Fund Amendment Act 2001 (2001 No 47).

Section 106B(3): replaced, on 13 February 2012, by section 39 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106C Statement of salary or wages paid

For the purpose of determining the means of any defendant for the purposes of this Part, a statutory declaration given by or on behalf of any person stating that the person paid a stated amount of salary or wages to the defendant or in respect of a stated period as the defendant's employer shall, in the absence of evidence to the contrary, be sufficient evidence of the facts stated in the declaration.

Compare: 1957 No 87 s 90

Section 106C: inserted, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

106D Transfer of enforcement to another District Court

If a fine has been ordered to be paid or an order has been made by a court or the Registrar of that court under this Part, that fine or order (as the case may be) is enforceable in another District Court.

Section 106D: replaced, on 1 November 1998, by section 29 of the Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91).

106E Restrictions on substituted sentences

(1) A District Court Judge or Community Magistrate must not impose a substituted sentence on a defendant for non-payment of 1 or more fines under this Part unless—
- (a) an assessment of the defendant's financial capacity has been recently completed, being an assessment that does not include information given by a third party unless it also gives details of the source of the information and the date to which the information relates; and
- (b) the Judge or Community Magistrate has considered the assessment; and
- (c) the Judge or Community Magistrate is satisfied that all other methods of enforcing the fine or fines have been considered or tried and that they are inappropriate or have been unsuccessful.
(2) A District Court Judge or Community Magistrate may, subject to the restrictions set out in this section, sentence a defendant to community work or community detention for non-payment of 1 or more fines under this Part.
(3) A District Court Judge may, subject to the restrictions set out in this section,—
- (a) sentence a defendant to home detention for non-payment of 1 or more fines under this Part:
- (b) issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant for non-payment of 1 or more fines under this Part.
(4) In sentencing a defendant for non-payment of 1 or more fines under this Part, the court must impose the least restrictive sentence that is appropriate in the circumstances.
(5) A District Court Judge or Community Magistrate must not sentence a defendant to a sentence of community detention in accordance with subsection (2) unless—
- (a) a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
- (b) the Judge or Community Magistrate is satisfied of the matters in section 69C of the Sentencing Act 2002.
(6) A District Court Judge must not sentence a defendant to a sentence of home detention in accordance with subsection (3)(a) unless—
- (a) a pre-sentence report has been provided in accordance with section 26A of the Sentencing Act 2002; and
- (b) the Judge is satisfied of the matters in section 80A(2)(a) of the Sentencing Act 2002; and
- (c) either of the following applies:
  - (i) the defendant is already undergoing a sentence of home detention or is about to be sentenced to home detention for another offence at the time that the Judge is considering sentencing the defendant for non-payment of 1 or more fines under this Part:
  - (ii) the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
(7) A District Court Judge must not issue, or direct the issue of, a warrant of commitment for the imprisonment of a defendant in accordance with subsection (3)(b) unless—
- (a) the defendant has had the same opportunity for legal representation as is available to a defendant who is liable to a sentence of imprisonment under section 30 of the Sentencing Act 2002; and
- (b) the warrant of commitment can be executed immediately; and
- (c) either of the following applies:
  - (i) the defendant is already undergoing a sentence of imprisonment or is about to be sentenced to imprisonment for another offence at the time that the Judge is considering the sentence for the defendant for non-payment of 1 or more fines under this Part:
  - (ii) the Judge is satisfied that the defendant has the financial capacity to pay the fine or fines.
(8) Subsection (7) is subject to section 83.

(9) Section 19 of the Sentencing Act 2002 applies if a defendant is already undergoing a sentence or is about to be sentenced for another offence at the time that a District Court Judge is considering the sentence for the defendant for non-payment of 1 or more fines under this Part.

Section 106E: replaced, on 13 February 2012, by section 40 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106EA Defendant may be arrested for assessment of financial capacity

(1) Before a District Court Judge sentences a defendant to home detention, or issues or directs the issue of a warrant of commitment, under section 88AE(1), he or she may direct that a warrant for the defendant's arrest be issued to have the defendant brought before a District Court Judge to enable the defendant's financial capacity to pay the fine or fines to be assessed.
(2) In assessing the defendant's financial capacity to pay the fine or fines, a District Court Judge must take into account—
- (a) the court's assessment of the defendant's capacity to pay the fine or fines (whether based on the defendant's declaration of financial capacity or otherwise) when the fine or fines were imposed; and
- (b) any change of circumstances since that original assessment was made; and
- (c) the defendant's current financial position.
(3) If a defendant is arrested under subsection (1), the provisions of section 88AC apply.
(4) If a District Court Judge directs that a warrant for the defendant's arrest be issued under subsection (1),—
- (a) the Registrar may issue the warrant; and
- (b) a constable or bailiff may execute the warrant.
Section 106EA: inserted, on 13 February 2012, by section 40 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

106F Review of Registrar's decision

(1) Any defendant or other person affected by any order or decision made by a Registrar under section 78B or 78C or under this Part may apply to a District Court Judge for a review of the order or decision.

(2) On any such review the Judge may confirm, rescind, or vary the Registrar's order or decision and the order or decision shall have effect, or cease to have effect, accordingly.
(3) If the decision to which the application under subsection (1) relates is a decision to issue a warrant to seize property and that warrant has been executed,—
- (a) any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained under section 100B(3) if an application for review is made under subsection (1) and the review is pending; or
- (b) if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N or 100R, the proceeds must be retained if an application for review is made under subsection (1) and the review is pending.
(4) If, on the determination of the review, the Judge confirms the Registrar's decision to issue the warrant to seize property, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the application had not been made.
(5) If, on the determination of the review, the Judge rescinds the Registrar's decision to issue the warrant to seize property, the owner—
- (a) is entitled to—
  - (i) the return of the property if the property has been retained in accordance with subsection (3)(a); or
  - (ii) the proceeds of any sale if the proceeds have been retained in accordance with subsection (3)(b); and
- (b) is not liable for any fees and costs payable under an enactment in respect of the property.
(6) On a review of a Registrar's decision to issue a warrant to seize property, the Judge may, subject to subsection (5)(b), make any order on any matter (including costs) that the Judge thinks just, having regard to all the circumstances of the case.

Compare: 1957 No 87 s 98

Section 106F: inserted, on 1 November 1987, by section 14 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

Section 106F(1): amended, on 1 August 2012, by section 41(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 106F(3): inserted, on 13 February 2012, by section 41(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 106F(4): inserted, on 13 February 2012, by section 41(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 106F(5): inserted, on 13 February 2012, by section 41(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 106F(6): inserted, on 13 February 2012, by section 41(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Part 4
Appeals

Appeals on points of law only by way of case stated

107 Appeal on question of law only by way of case stated

(1) Where any information or complaint has been determined by a District Court, either party may, if dissatisfied with the determination as being erroneous in point of law, appeal to the High Court by way of case stated for the opinion of that court on a question of law only.

(2) An appellant under this section shall, within 14 days after the determination, or, in the case of a determination in the Chatham Islands, within 3 months after the determination, file in the office of the court whose determination is appealed against a notice in writing of the appeal. The notice shall be in the prescribed form and shall be filed in duplicate, and the Registrar receiving it shall forthwith deliver or post 1 copy of it to the respondent or his solicitor.

(3) The appellant shall, within 14 days after the filing of the notice of appeal, or within such further time as the District Court Judge or Justice or Justices who constituted the court or, if he or they are not available, any District Court Judge may in his or their discretion allow, state in writing a case in the prescribed form setting out the facts and the grounds of the determination and specifying the question of law on which the appeal is made, and file it in the office of the court in which the notice of appeal was filed, and the Registrar shall as soon as practicable submit it to the District Court Judge or Justice or Justices whose determination is appealed against. The appellant shall forthwith deliver or post a copy of the case to the respondent or his solicitor.

(4) As soon as may be practicable after receiving the case stated, the District Court Judge or Justice or Justices shall, after hearing the parties if he or they consider it necessary to do so, settle the case, sign it, and transmit it to the Registrar. The settling and signing of the case shall be deemed for the purposes of this Part to be the statement of the case by the court.

(5) Where the District Court Judge or any Justice whose determination is appealed against has since the date of the determination ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case stated may be submitted to any District Court Judge and may be settled and signed by him.

(6) The Registrar shall send to the High Court Registry nearest to the District Court in which the proceedings were heard the case signed by the District Court Judge or Justice or Justices, together with any bail bond entered into by the appellant. The Registrar shall also make a copy of the case available to each party.

(7) When the Registrar of the High Court receives the case stated, he shall set it down for hearing on the first practicable sitting day in the most convenient place where sittings of the High Court are held, whether or not that place is in the same judicial district, and shall notify the parties to the appeal of the time and place appointed for the hearing.

(8) If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (3), the District Court Judge or Justice or Justices may certify that the appeal has not been prosecuted.

(9) Where any appeal under this section relates to a conviction, the notice of appeal shall not be filed until after the defendant has been sentenced or otherwise dealt with.

Compare: 1927 No 37 s 303; 1952 No 44 s 2

Section 107(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 107(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(3): amended, on 1 November 1961, by section 6(a) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 107(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(5): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(6): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(6): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 107(7): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 107(8): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 107(8): amended, on 1 November 1961, by section 6(b) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

108 No appeal on ground of improper admission or rejection of evidence

No determination shall be appealed against by reason only of the improper admission or rejection of evidence.

Compare: 1927 No 37 s 304

109 District Court Judge or Justice may refuse a case if he thinks appeal frivolous

(1) If the District Court Judge or Justice or Justices are of the opinion that the appeal is merely frivolous, but not otherwise, he or they may refuse to state a case, and shall, on the request of the applicant for the case, sign and deliver to him a certificate of that refusal.

(2) Where the District Court Judge or Justice or Justices refuse to state a case, the applicant for the case may apply to the High Court for an order requiring the District Court Judge or Justice or Justices to state a case. A copy of the application shall be served on the District Court Judge or Justice or Justices and on the other party, and the District Court Judge or any such Justice and that other party shall be entitled to appear and be heard.

(3) The High Court may, if it thinks fit, make an order requiring the District Court Judge or Justice or Justices to state a case, and the District Court Judge or Justice or Justices on being served with the order shall state a case accordingly. Costs may be allowed on the application in accordance with the practice of the High Court, but shall not be allowed against the District Court Judge or any Justice.

Compare: 1927 No 37 ss 307, 308; 1952 No 44 s 13

Section 109 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 109(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 109(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 109(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 109(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 109(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

110 Certiorari not to be required when appeal upon case stated

No writ of certiorari or other writ shall be required for the removal of a determination in relation to which a case is stated under the provisions of this Part for obtaining the opinion of the High Court on the case.

Compare: 1927 No 37 s 314

Section 110: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

111 Case may be sent back for amendment

The High Court may, if it thinks fit, cause a case stated to be sent back for amendment, and it shall be the duty of the District Court Judge or Justice or Justices to amend the case accordingly and return it to the High Court.

Compare: 1927 No 37 s 311

Section 111: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 111: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

112 High Court to determine the questions on the case

The High Court shall hear and determine the question or questions of law arising on any case transmitted to it as aforesaid, and shall thereupon do any 1 or more of the following things:
- (a) reverse, confirm, or amend the determination in respect of which the case has been stated; or
- (b) remit the matter to the District Court with the opinion of the High Court thereon; or
- (c) exercise any power conferred by section 201; or
- (d) make such other order in relation to the matter as it thinks fit.
Compare: 1927 No 37 s 309(1)

Section 112 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 112: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 112(b): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 112(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

113 Appeal on point of law may be removed into Court of Appeal

(1) The High Court may order the removal into the Court of Appeal of any case transmitted to the High Court under section 107, and on removal the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.

(2) On the removal of any case to the Court of Appeal under this section the decision of the Court of Appeal shall be final; and the same judgment shall be entered in the High Court, and the same execution and other consequences and proceedings shall follow thereon, as if the decision had been given in the High Court.

Compare: 1946 No 13 s 5

Section 113(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 113(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

114 Defendant appealing by way of case stated not allowed to appeal otherwise

A defendant who appeals by way of case stated against any determination shall not be entitled to appeal to the High Court against the same determination in accordance with any of the other provisions of this Part, unless the High Court grants leave to the defendant to withdraw his appeal by way of case stated, and extends the time within which a notice of appeal under those other provisions may be filed.

Compare: 1927 No 37 s 313

Section 114: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

114A Appeals from decisions of Community Magistrates

(1) Either party to any proceedings that are heard by a court presided over by a Community Magistrate or 2 or more Community Magistrates has, subject to subsection (2), the same rights of appeal under sections 89, 107, 115, 115A, 115B, and 115C as the party would have had if the court that heard the proceedings had been presided over by a District Court Judge.

(2) Every appeal brought by a party to proceedings to which subsection (1) applies is to be an appeal to a court presided over by a District Court Judge.

(3) For the purposes of an appeal to which subsection (1) applies, this Part applies, subject to the modifications set out in Schedule 2A and to all other necessary modifications.

Section 114A: inserted, on 30 June 1998, by section 24 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 114A(1): amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

114B Appeal to High Court on question of law

(1) Either party to any proceedings to which an appeal under section 114A(1) applies may, with the leave of the District Court, appeal to the High Court against any determination of the District Court on a question of law arising in the appeal to which section 114A(1) applies:

provided that, if the District Court refuses to grant leave to appeal to the High Court, the High Court may grant special leave to appeal.

(2) A party desiring to appeal to the High Court under this section must, within 21 days after the determination of the District Court, or within such further time as that court may allow, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that court, and the District Court may grant leave accordingly if, in the opinion of that court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the High Court for decision.

(3) Where the District Court refuses leave to any party to appeal to the High Court under this section, that party may, within 21 days after the refusal of the District Court or within such further time as the High Court may allow, apply to the High Court, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the High Court for decision.

(4) On any appeal to the High Court under this section, the High Court has the same power to adjudicate on the proceedings as the District Court had.

(5) The decision of the High Court on any appeal under this section is final; and the same judgment must be entered in the District Court, and the same execution and other consequences and proceedings must follow thereon, as if the decision of the High Court had been given in the District Court.

(6) The decision of the High Court on any application to that court for leave to appeal is to be final.

(7) Nothing in section 144 applies in relation to a decision of the High Court made under this section.

Section 114B: inserted, on 30 June 1998, by section 25 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

General appeals

115 Defendant's general right of appeal to High Court

(1) Except as expressly provided by this Act or by any other enactment, where a District Court determines any information or complaint, and—
- (a) convicts any defendant; or
- (b) makes any order, including—
  - (i) an order for the payment for costs; or
  - (ii) an order declining an application for the payment for such costs; or
  - (iii) an order for the estreat of a bond,—
the person convicted or against whom the order is made may appeal to the High Court.
(2) In the case of a conviction, the appeal may be against the conviction and the sentence passed on the conviction, or against the conviction only, or against the sentence only; and, in the case of an order for the payment of money, the appeal may be against the order and the amount of the sum ordered to be paid, or only against the amount of the sum ordered to be paid.

(2A) A person sentenced under section 28F(4) of the District Courts Act 1947 to a term of imprisonment or to a fine that does not exceed the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 may appeal to the High Court against the sentence.

(3) No appeal against conviction shall be brought until the person convicted has been sentenced or otherwise dealt with.

(4) Every appeal under this section, or under any of sections 115A to 115DA, is a general appeal.

Compare: 1927 No 37 s 315; 1952 No 44 s 6

Section 115 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 115(1): replaced, on 3 June 1998, by section 2(1) of the Summary Proceedings Amendment Act 1998 (1998 No 61).

Section 115(2A): inserted, on 26 June 2008, by section 9 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 115(4): replaced, on 3 June 1998, by section 2(2) of the Summary Proceedings Amendment Act 1998 (1998 No 61).

115A Informant's right of appeal against sentence

(1) Where on the determination by a District Court of any information the defendant is convicted and sentenced, the informant may appeal to the High Court against the sentence passed on the conviction, unless the sentence is one fixed by law.

(1A) The informant may appeal to the High Court against a sentence imposed under section 28F(4) of the District Courts Act 1947 if the sentence appealed against is a term of imprisonment or a fine that does not exceed the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000, or both).

(2) No appeal shall be brought under this section unless the consent of the Solicitor-General has first been obtained and is lodged with the notice of appeal:

provided that any document evidencing the Solicitor-General's consent may be signed on his behalf by a person purporting to be a Crown Counsel.
(2A) If the defendant is the Crown Law Office,—
- (a) subsection (2) does not apply:
- (b) no appeal may be brought under this section unless the consent of the Attorney-General has been obtained and is lodged with the notice of appeal:
- (c) any decision to give consent under paragraph (b) must be made by the Attorney-General personally.
(3) Every appeal under this section against a sentence of detention which is not heard before the date on which the defendant is released from detention under that sentence, whether that sentence has expired or not, shall lapse on that date, and thereupon the appeal shall be deemed to have been dismissed by the High Court for non-prosecution. The manager of any prison from which the defendant is released shall, if he has knowledge of the appeal under this section, notify the Registrar of the High Court that the defendant has been released.

(4) For the purposes of an appeal under this section, the term sentence shall include any method of disposing of a case following conviction.

Section 115A: inserted, on 1 January 1970, by section 5(1) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 115A(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 115A(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 115A(1A): inserted, on 26 June 2008, by section 10 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 115A(2) proviso: inserted, on 23 November 1973, by section 13 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 115A(2A): inserted, on 18 October 2002, by section 32 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

Section 115A(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 115A(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

115B Right of appeal against sentence for contempt of court

Any person against whom an order (other than an order to the effect only that a person be taken into custody and detained until the rising of the court) has been made under section 206 may appeal to the High Court against the order; and the provisions of sections 116 to 144, as far as they are applicable and with the necessary modifications, shall apply to any such appeal as if that person was a defendant who had been convicted on an information and sentenced.

Section 115B: inserted, on 17 December 1976, by section 12(1) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 115B: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

115C Right of appeal against decisions relating to publication of reports of proceedings or identifying particulars

(1) The applicant for an order under section 200, 202, or 205 of the Criminal Procedure Act 2011 forbidding publication of any report of the proceedings or of any identifying particulars, or the informant may appeal to the High Court against the District Court's decision in respect of the application.
(2) Where the decision is to refuse to make the order sought, the District Court shall, on being satisfied that an appeal against that decision is to be brought under this section, make an interim order to the effect sought by the applicant; and that interim order shall continue in force—
- (a) until the expiry of the period prescribed by section 116 for the filing of notice of the appeal; or
- (b) if notice of the appeal is filed within that prescribed period, until the appeal is finally disposed of, or withdrawn, or abandoned.
(3) The provisions of sections 116 to 144, as far as they are applicable and with the necessary modifications, shall apply to any such appeal as if the decision of the District Court were an order made on sentence.

Section 115C: inserted, on 17 December 1985, by section 2(1) of the Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191).

Section 115C(1): amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

115D Rights of appeal against decisions relating to bail

[Repealed]

Section 115D: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

115DA Right of appeal against order for costs

An informant may appeal to the High Court against an order for the payment of costs made by a District Court in favour of the defendant.

Section 115DA: inserted, on 3 June 1998, by section 3 of the Summary Proceedings Amendment Act 1998 (1998 No 61).

115DB Rights of appeal subject to Crimes Act 1961

Sections 115 to 115DA are subject to section 384A of the Crimes Act 1961.

Section 115DB: inserted, on 26 June 2008, by section 11 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

115E Procedural provisions applying to appeals under section 115D

[Repealed]

Section 115E: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

116 Notice of appeal

(1) Subject to subsection (1A), the appellant under any general appeal shall, within 28 days after the defendant has been sentenced or otherwise dealt with or the order has been made, file in the office of the court whose determination is appealed against a notice in writing of the appeal and of the grounds thereof. The notice shall be in the prescribed form and shall be filed in duplicate.

(1A) In the case of an appeal under section 115C of this Act or section 33 of the Criminal Disclosure Act 2008, the notice of appeal required by subsection (1) shall be filed within 3 days after the date of the decision against which the appeal is brought.

(2) The Registrar receiving the notice shall forthwith deliver or post 1 copy to the respondent or his solicitor and notify the District Court Judge or Justice or Justices whose determination is appealed against of the appeal and of the grounds thereof.

(3) In the case of any general appeal in respect of a determination in the Chatham Islands, subsection (1) shall be read as if for the words “28 days” there were substituted the words “3 months”, and subsection (1A) shall be read as if for the words “3 days” there were substituted the words “10 days”.

Compare: 1927 No 37 s 316; 1952 No 44 s 7

Section 116(1): amended, on 17 December 1985, by section 2(3) of the Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191).

Section 116(1): amended, on 17 December 1976, by section 13(a) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 116(1A) inserted, on 17 December 1985, by section 2(4) of the Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191).

Section 116(1A): amended, on 29 June 2009, by section 40(1) of the Criminal Disclosure Act 2008 (2008 No 38).

Section 116(1A): amended, on 1 December 1991, by section 12 of the Summary Proceedings Amendment Act 1991 (1991 No 105).

Section 116(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 116(3): amended, on 17 December 1985, by section 2(5) of the Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191).

Section 116(3): amended, on 17 December 1976, by section 13(b) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 116(3): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

117 Transmission of notice of appeal to High Court

(1) The Registrar of the District Court shall as soon as possible send the notice of appeal to the High Court Registry nearest to that District Court.
(2) The Registrar shall send to the High Court Registry with the notice of appeal—
- (a) any notice of bail, and any surety bond, relating to the defendant;
- (b) the information, charge sheet, or complaint;
- (c) a certified copy of any entry in the Criminal Records kept pursuant to section 71 containing the conviction, sentence, or order;
- (d) subject to subsection (3), a copy of any note made by the District Court Judge or Justice or Justices of the evidence given at the hearing and of any questions of law raised at the hearing and of any submissions made by either party;
- (e) where the defendant pleaded guilty, a summary of the facts stated by the informant;
- (f) a copy of any evidence taken under section 31 (which relates to taking the evidence of a defence witness at a distance) or under section 32 (which relates to taking the evidence of a person about to leave the country), and any statement admitted under section 33 (which relates to the admissibility of a statement made by a person who is seriously ill), and any affidavit filed;
- (g) subject to subsection (3), a copy of any written judgment which the District Court Judge or Justice or Justices may have delivered;
- (h) any exhibits remaining in his custody; and
- (i) any report made by a probation officer.
(3) Where an informant appeals against sentence only, the Registrar shall not be obliged to send to the High Court Registry—
- (a) the documents referred to in subsection (2)(d) (other than the notes on sentencing); or
- (b) the documents referred to in subsection (2)(g),—
unless otherwise directed by the presiding High Court Judge; but the Registrar shall, in all such cases, send to the High Court Registry the notes on sentencing.
Compare: 1927 No 37 s 318(1), (2); 1952 No 44 s 9

Section 117 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 117(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 117(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 117(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 117(2)(a): replaced, on 1 August 1987, by section 8(2) of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

Section 117(2)(c): amended, on 17 December 1976, pursuant to section 71(5).

Section 117(2)(d): amended, on 1 September 1993, by section 21(1) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 117(2)(d): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 117(2)(g): amended, on 1 September 1993, by section 21(1) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 117(2)(g): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 117(3): inserted, on 1 September 1993, by section 21(2) of the Summary Proceedings Amendment Act 1993 (1993 No 47).

118 Setting down appeal for hearing

When the Registrar of the High Court receives the documents referred to in section 117, he shall set the appeal down for hearing on the first practicable sitting day in the most convenient place where sittings of the High Court are held, and shall notify or cause to be notified the parties to the appeal of the time and place appointed for the hearing.

Compare: 1927 No 37 s 318(3); 1952 No 44 s 9

Section 118: amended, on 1 December 1991, by section 13 of the Summary Proceedings Amendment Act (No 2) 1991 (1991 No 105).

Section 118: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 118: amended, on 23 November 1973, by section 14 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

119 Procedure on appeal

(1) All general appeals shall be by way of rehearing.
(2) Where any question of fact is involved in any appeal, the evidence taken in the District Court bearing on the question shall, unless the High Court otherwise directs, be brought before the High Court as follows:
- (a) as to any evidence given orally, by the production of a copy of any note made by the District Court Judge or Justice or Justices or such other materials as the High Court may deem expedient:
- (b) as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and of such of the exhibits as may have been forwarded by the Registrar of the court appealed from and by the production by the parties to the appeal of such exhibits as are in their custody:
- (c) as to any evidence taken under section 31 (which relates to taking the evidence of a defence witness at a distance) or under section 32 (which relates to taking the evidence of a person about to leave the country), or any statement admitted under section 33 (which relates to the admissibility of a statement made by a person who is seriously ill), by the production of a copy of that evidence or statement:
provided that the High Court may in its discretion rehear the whole or any part of the evidence, and shall rehear the evidence of any witness if the court has reason to believe that any note of the evidence of that witness made by the District Court Judge or Justice or Justices is or may be incomplete in any material particular.
(3) The High Court shall have the same jurisdiction and authority as the District Court, including powers as to amendment, and shall have full discretionary power to hear and receive further evidence, if that further evidence could not in the circumstances have reasonably been adduced at the hearing, and for that purpose shall have the same jurisdiction and authority to make any order under section 31 or section 32 as the court from whose decision the appeal is made, or a District Court Judge, had.

Compare: 1927 No 37 s 327

Section 119(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 119(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 119(2)(a): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 119(2)(a): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 119(2) proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 119(2) proviso: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 119(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 119(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

120 Defects in notice of appeal

On the hearing of any general appeal no objection to any defect in the notice of appeal shall be allowed, unless the High Court is of opinion that the respondent has been substantially prejudiced thereby:

provided that, whether or not any objection is allowed, the court may direct or allow the notice to be amended on such terms as to costs or otherwise as it thinks fit.

Compare: 1927 No 37 ss 321, 322

Section 120: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

121 High Court to hear and determine appeal

(1) The High Court shall hear and determine every general appeal and make such order in relation to it as the court thinks fit, and, without limiting the generality of the power conferred by this subsection, may exercise any of the powers referred to in the succeeding provisions of this section.
(2) In the case of an appeal against conviction, the High Court may—
- (a) confirm the conviction; or
- (b) set it aside; or
- (c) amend it and, if the court thinks fit, quash the sentence imposed and either impose any sentence (whether more or less severe) that the convicting court could have imposed on the conviction as so amended, or deal with the offender in any other way that the convicting court could have dealt with him on the conviction as so amended.
(2A) If in the case of an appeal against conviction it appears to the court that the appellant was insane at the time of the commission of the offence and that the information should have been dismissed on account of the appellant's insanity, the court may quash the conviction; and thereupon sections 23 to 26, 28, and 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 shall apply, as far as they are applicable, as if the information had been so dismissed.
(3) In the case of an appeal against sentence, the High Court may—
- (a) confirm the sentence; or
- (b) if the sentence (either in whole or in part) is one which the court imposing it had no jurisdiction to impose, or is one which is clearly excessive or inadequate or inappropriate, or if the High Court is satisfied that substantial facts relating to the offence or to the offender's character or personal history were not before the court imposing sentence, or that those facts were not substantially as placed before or found by that court, either—
  - (i) quash the sentence and either pass such other sentence warranted in law (whether more or less severe) in substitution therefor as the High Court thinks ought to have been passed or deal with the offender in any other way that the court imposing sentence could have dealt with him on the conviction; or
  - (ii) quash any invalid part of the sentence that is severable from the residue; or
  - (iii) vary, within the limits warranted in law, the sentence or any part of it or any condition imposed in it.
(4) In the case of an appeal against an order, the High Court may—
- (a) confirm the order; or
- (b) set it aside; or
- (c) quash it and make such other order warranted in law (whether more or less severe) in substitution therefor as the court thinks ought to have been made; or
- (d) vary, within the limits warranted in law, the order or any part of it or any condition imposed in it.
(5) In the case of an appeal against the amount of any sum ordered to be paid, the High Court may confirm the amount or increase or reduce it within the limits warranted in law.

(6) In any case, the High Court may exercise any power that the court whose decision is appealed against might have exercised.

(7) Subject to the provisions of section 144, the decision of the High Court on any general appeal shall be final.

Compare: 1927 No 37 ss 325, 326; 1955 No 12 s 5

Section 121 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(2A): inserted, on 1 April 1970, by section 3 of the Criminal Justice Amendment Act 1969 (1969 No 17).

Section 121(2A): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 121(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(3)(b): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(3)(b)(i): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(6): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 121(7): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

122 Power to clear court and forbid report of proceedings

[Repealed]

Section 122: repealed, on 17 December 1985, by section 3 of the Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191).

Provisions relating to all appeals

123 Powers of Judge of High Court as to extension of time

(1) Any Judge of the High Court may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this Part for the filing of any notice or the stating of any case or the doing of any other thing in respect of any appeal or proposed appeal to the High Court.

(2) Any appellant or intending appellant may at any time apply to a Judge of the High Court to review any decision of a District Court Judge or Justice or Justices refusing an extension of time for the stating of a case under this Part. On any such application a Judge may, in his discretion, confirm the decision, or reverse it and allow such extension of time as he thinks fit.

Compare: 1927 No 37 s 332; 1952 No 44 s 10

Section 123 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 123(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 123(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 123(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

124 Provisions as to issue of warrant pending appeal

(1) Where under any determination in respect of which either party appeals the defendant has been sentenced to detention, the warrant of commitment in execution of the sentence shall be issued, notwithstanding that notice of appeal has been given.

(2) Where notice of appeal has been given and the defendant is released on bail before the warrant of commitment is executed, the warrant shall be suspended until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted or the Registrar of the High Court has certified that it has been dismissed for non-prosecution.

(3) Where under any determination in respect of which either party appeals the court has sentenced the defendant to supervision, intensive supervision, community detention, or home detention, the term of the sentence specified shall cease to run on the day notice of appeal is filed.

(3A) Where under any determination in respect of which either party appeals the court has sentenced the defendant to community work, the sentence ceases to run on the day notice of appeal is filed.

(3B) [Repealed]

(3C) [Repealed]

(3D) Where under any determination in respect of which either party appeals the court has made a non-association order in respect of the defendant, the period of non-association shall cease to run on the day the notice of appeal is filed.

(4) Except as provided in subsection (1) or in any other enactment, no warrant or order shall be issued or take effect in execution of any determination in respect of which a notice of appeal has been filed until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted, or the Registrar of the High Court has certified that it has been dismissed for non-prosecution.
(5) If a warrant to seize property is issued before a notice of intention to appeal is filed and—
- (a) the warrant has not been executed, it must be suspended until the appeal has been determined or, as the case may be, until the District Court Judge or Justice or Justices have certified that it has not been prosecuted, or the Registrar of the High Court has certified that it has been dismissed for non-prosecution:
- (b) the warrant has been executed,—
  - (i) any seized property that has not been sold, assigned, applied, released, or otherwise disposed of must be retained while the appeal is pending; or
  - (ii) if the seized property has been sold but the proceeds of the sale have not been applied in accordance with section 100N or 100R, the proceeds must be retained while the appeal is pending.
(6) If, on the determination of the appeal or the issue of a certificate described in subsection (5)(a), the determination in respect of which the warrant was issued continues in effect, the property must be dealt with, and any fees and costs payable under an enactment in respect of the property are payable, as if the notice of appeal had not been given.
(7) If, on the determination of the appeal, the determination in respect of which the warrant was issued is set aside or quashed, the owner—
- (a) is entitled to—
  - (i) the return of the property if the property has been retained in accordance with subsection (5)(b)(i); or
  - (ii) the proceeds of any sale if the proceeds have been retained in accordance with subsection (5)(b)(ii); and
- (b) is not liable for any fees and costs payable under an enactment in respect of the property.
Compare: 1927 No 37 ss 306, 317; 1952 No 44 ss 3, 8

Section 124(1): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 124(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 124(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 124(3): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 124(3): amended, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).

Section 124(3): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 124(3A): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 124(3B): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 124(3C): repealed, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 124(3D): inserted, on 5 June 1989, by section 3 of the Summary Proceedings Amendment Act 1989 (1989 No 21).

Section 124(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 124(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 124(5): replaced, on 13 February 2012, by section 42 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 124(6): inserted, on 13 February 2012, by section 42 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 124(7): inserted, on 13 February 2012, by section 42 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

125 Granting of bail to appellant who is in custody

[Repealed]

Section 125: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

126 Arrest of appellant who has absconded or is about to abscond while on bail

[Repealed]

Section 126: repealed, on 1 August 1987, by section 8(1) of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

127 Custody of appellant pending appeal

[Repealed]

Section 127: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

128 Surrender of appellant released on bail and discharge of surety

[Repealed]

Section 128: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

129 Abandonment of appeal

An appellant may at any time after he has given notice of appeal, or after he has applied for extension of time for such a notice, abandon his appeal by giving the Registrar of the High Court and the respondent notice to that effect in the prescribed form, and upon the giving of the notice the appeal shall, subject to the right of the respondent to apply for an order as to costs, be deemed to have been dismissed by the High Court for non-prosecution.

Section 129: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

130 Presentation of case by party in custody

(1) Any party to an appeal who is in custody shall be entitled to present his case and his argument in writing instead of by oral argument if he so desires. Any case or argument so presented shall be considered by the High Court.

(2) On the hearing of any general appeal by the informant against the sentence passed on the conviction or by the person convicted against a conviction and the sentence passed on the conviction or against the conviction only, the person convicted, if he is in custody, whether or not he is represented by counsel, shall be entitled to be present, and the manager of the prison in which the person convicted is detained shall, without further authority than this section, cause him to be taken to the High Court for the hearing.

(3) On the hearing of any general appeal against sentence only by the person convicted or of any appeal by way of case stated on a question of law only or of any appeal made under section 115D, any party to the appeal who is in custody, whether or not he is represented by counsel, shall not be entitled to be present except with the leave of the High Court, which may be given on the application in writing of that party.

(4) Where the leave of the High Court is given for a party to an appeal who is in custody to be present at the hearing of the appeal, the Registrar of that court shall notify the manager of the prison in which that party is detained, and the manager shall, without further authority than this subsection, cause him to be taken to the High Court for the hearing.

(5) Any party to an appeal who is taken to the High Court pursuant to subsection (2) or subsection (4) shall, unless his release is ordered by the High Court, and except while he is in the custody of the court, remain in the custody of the escorting officer until returned to the prison in which he is to be detained.

Compare: 1927 No 37 ss 306B(4), 317; 1952 No 44 ss 5, 8

Section 130(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 130(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 130(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 130(2): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 130(3): amended, on 1 September 1993, by section 22 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 130(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 130(3): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 130(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 130(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 130(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 130(5): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

131 Power of High Court to direct rehearing of information or complaint

(1) On any appeal the High Court may remit the determination appealed against to the District Court with a direction that the information or complaint to which it relates be reheard.

(2) Where any determination is remitted to the District Court under subsection (1), the Registrar of the High Court shall transmit a certificate to that effect to the Registrar of the District Court whose determination was appealed against, together with in the case of a general appeal the documents referred to in subsection (2) of section 117, and the case shall be dealt with as if a rehearing as to the whole matter had been granted under section 75, and the provisions of that section, as far as they are applicable and with the necessary modifications, shall apply accordingly.

Section 131 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 131(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 131(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 131(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 131(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

132 Amendment of conviction by substituting one offence for another

(1) If on any appeal against a conviction for any offence (whether or not the appeal is against the sentence also) it appears to the High Court that the evidence is insufficient to support a conviction for that offence, but is sufficient to support a conviction for some other offence of a similar character within the jurisdiction of the convicting court, and that the defendant has not been prejudiced in his defence, the High Court may, on such terms as to costs and otherwise as it thinks fit,—
- (a) amend the conviction by substituting the last-mentioned offence for the offence mentioned in the conviction, and, if it thinks fit, quash the sentence imposed and either impose any sentence that the convicting court could have imposed (whether more or less severe), or deal with the defendant in any other way that the convicting court could have dealt with him, on the conviction as amended; or
- (b) remit the conviction to the District Court with a direction that it be amended accordingly.
(2) Where any conviction is remitted to the District Court under paragraph (b) of subsection (1), the Registrar of the High Court shall transmit a certificate to that effect to the Registrar of the District Court whose determination was appealed against, and the District Court shall amend the conviction and, if it thinks fit, quash the sentence imposed, and impose any sentence which it has jurisdiction to impose (whether more or less severe) or deal with the defendant in any other way that it has power to deal with him, in respect of the conviction as amended.

Compare: 1909 No 13 ss 10, 11

Section 132(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 132(1)(b): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 132(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 132(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

133 Dismissal of appeal for non-prosecution

(1) If an appellant does not appear at the hearing of the appeal and, if he is in custody, he has not presented any case or argument in writing as provided in section 130, or if an appellant, having appeared at the hearing, does not prosecute his appeal, the High Court may, if it thinks fit, dismiss the appeal for non-prosecution.

(2) Where the High Court dismisses any appeal for non-prosecution, the Registrar of that court shall transmit a certificate to that effect to the Registrar of the District Court whose determination was appealed against.

Compare: 1927 No 37 ss 333(2), 337; 1952 No 44 s 13

Section 133(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 132(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 132(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

134 Registrar to certify decision on appeal

After the decision of the High Court on any appeal has been given, the Registrar of the High Court, at the place where the decision is given, shall transmit a certificate of the decision to the Registrar of the District Court in which the case was heard, and shall send a copy of the certificate to any party to the appeal who is in custody and was not present when the decision was given.

Compare: 1927 No 37 s 333

Section 134: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 134: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

135 Execution of decision of High Court

(1) Where on any appeal the High Court confirms any conviction, sentence, order, or amount of any sum to be paid, or where the appeal is dismissed for non-prosecution, or where a certificate has been given under section 107 that the appeal has not been prosecuted, the decision of the District Court shall be enforced.

(2) Where on any appeal the High Court sets aside or reverses any conviction, order, or other determination, or amends any conviction or other determination, or quashes or varies any sentence or order, or increases or reduces the amount of any sum ordered to be paid, the Registrar of the District Court shall make in the entry in the Criminal Records kept pursuant to section 71 relating to the decision appealed against a note of the decision of the High Court.

(3) In any case to which subsection (2) applies, the decision of the High Court or the decision of the District Court as amended or varied by the High Court, as the case may be, shall take effect as if it were the decision of the District Court:

provided that, where the High Court imposes a sentence of detention, the warrant to be issued under section 91 of the Sentencing Act 2002 shall be issued out of the High Court and signed by a Judge:

provided also that, where the High Court varies a sentence of detention imposed by the District Court, it shall not be necessary to issue a warrant of commitment in respect of the sentence as so varied:

(3A) [Repealed]

(3B) [Repealed]
(4) Where a party to an appeal has paid a fine in accordance with a sentence of the District Court and on the determination of the appeal—
- (a) his conviction is set aside; or
- (b) the sentence is quashed and any other sentence imposed is not for the payment of a fine or is for the payment of a smaller fine; or
- (c) the sentence is varied by a reduction in the amount of the fine imposed,—
that party shall be entitled, subject to the order of the High Court, to a return of the sum paid or part thereof, as the case may be. For the purposes of this subsection the term fine includes any costs or other money ordered by the court to be paid on the conviction of that party.
Compare: 1927 No 37 s 334; 1952 No 44 s 13

Section 135 heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 135(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 135(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(2): amended, on 17 December 1976, pursuant to section 71(5).

Section 135(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 135(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(3) first proviso: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 135(3) first proviso: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(3) second proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 135(3) second proviso: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(3) third proviso: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 135(3A): repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 135(3B): repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Section 135(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 135(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 135(4): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

136 Custody of person after determination of appeal

(1) Where the decision of the High Court on any appeal has been given, or where an appeal has been dismissed for non-prosecution or a certificate has been given under section 107 that an appeal has not been prosecuted, any person who is liable under that decision or, as the case may be, under the decision appealed from to serve a sentence of detention or to be detained in custody and who is not in custody may be arrested without warrant by any constable or any officer of a prison.

(2) Where the High Court in giving any such decision quashes a sentence of detention imposed by the District Court and does not impose another sentence of detention, the Registrar of the High Court at the place where the decision is given shall send to the manager of the prison in which the person sentenced is detained or from which he was released on bail a certificate setting out the result of the appeal, and, if that person is in the custody of the manager and is not in custody for any other matter, he shall be released.

(3) Where the High Court in giving any such decision varies a sentence of detention imposed by the District Court, or amends the conviction in respect of which a sentence of detention was imposed by the District Court, the Registrar of the High Court at the place where the decision is given shall send to the manager a certificate as aforesaid, and the warrant issued in execution of the sentence of the District Court shall have effect as if it were amended in accordance with the certificate.

(4) Where under section 107 a District Court Judge or Justice or Justices have certified that an appeal has not been prosecuted, the Registrar of the District Court shall send that certificate to the manager of the prison at which any party to the appeal is detained. Where an appeal has been dismissed for non-prosecution, the Registrar of the High Court shall send a certificate to that effect to the manager.

Compare: 1927 No 37 s 334A; 1952 No 44 s 11

Section 136(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 136(1): amended, on 1 December 1991, by section 16 of the Summary Proceedings Amendment Act (No 2) 1991 (1991 No 105).

Section 136(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 136(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 136(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 136(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 136(2): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Section 136(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 136(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 136(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 136(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 136(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 136(4): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 136(4): amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

137 Resumption of sentence or order on determination of appeal

(1) Where, under any determination in respect of which either party appeals, a District Court has—
- (a) sentenced the defendant to supervision, intensive supervision, community work, community detention, or home detention; or
- (b) made a non-association order in respect of the defendant—
and when the appeal is determined neither the sentence nor the order, as the case may be, nor the conviction upon which it was imposed is set aside, the term of the sentence or the order as specified by the District Court or as varied by the High Court, as the case may be, shall be resumed—
- (c) on the date specified by the court that determines the appeal; or
- (d) if the court fails to specify such a date, as from the date the appeal is determined.
(2) Where, under any determination in respect of which either party appeals, the District Court has—
- (a) sentenced the defendant to supervision, intensive supervision, community work, community detention, or home detention; or
- (b) made a non-association order in respect of the defendant—
and the appeal is not prosecuted and a District Court Judge or Justice or Justices certify that it has not been prosecuted, the term of the sentence or the order as specified by the District Court shall be resumed—
- (c) on the date specified by a District Court Judge to whom the certificate is submitted; or
- (d) if a District Court Judge fails to specify such a date, as from the date of the certificate.
(3) Where, under any determination in respect of which either party appeals, a District Court has—
- (a) sentenced the defendant to supervision, intensive supervision, community work, community detention, or home detention; or
- (b) made a non-association order in respect of the defendant—
and the appeal is dismissed for non-prosecution and the Registrar of the High Court certifies that it has been dismissed for non-prosecution, the term of the sentence as specified by the District Court shall be resumed—
- (c) on the date specified by a District Court Judge to whom the certificate is submitted; or
- (d) if a District Court Judge fails to specify such a date, as from the date of the certificate.
(4) Where the defendant has been sentenced to community work and subsection (1) or subsection (2) or subsection (3) applies, the court that determines the appeal or, as the case may require, the District Court Judge to whom the certificate is submitted shall, in addition to specifying the date on which the sentence resumes, specify the date and time at which the defendant is required to report to the community work centre on the first occasion after the resumption of the sentence.
(5) In any case to which subsection (1) or subsection (2) or subsection (3) or subsection (4) applies, the Registrar shall notify the controlling officer of the probation area in which the sentence is to be served and the defendant, if he or she is not present in court at the time the appeal is disposed of in accordance with this section, of—
- (a) the date on which the sentence or order is to resume; and
- (b) in the case of a sentence of community work, the date and time at which the defendant is to report to the community work centre.
Section 137: replaced, on 1 September 1993, by section 23 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

Section 137(1)(a): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 137(1)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 137(2)(a): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 137(2)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 137(3)(a): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 137(3)(a): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 137(4): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 137(5): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 137(5)(b): replaced, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

137A Provisions on determination of appeal where defendant sentenced to periodic detention

[Repealed]

Section 137A: repealed, on 1 September 1993, by section 23 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

137B Provisions on determination of appeal where defendant sentenced to community service

[Repealed]

Section 137B: repealed, on 1 September 1993, by section 23 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

137C Provisions on determination of appeal where defendant sentenced to community care

[Repealed]

Section 137C: repealed, on 1 September 1993, by section 23 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

137D Provisions on determination of appeal where non-association order made in respect of defendant

[Repealed]

Section 137D: repealed, on 1 September 1993, by section 23 of the Summary Proceedings Amendment Act 1993 (1993 No 47).

138 Revesting and restitution of property on conviction

(1) The operation of any order for the restitution of any property to any person, and the operation, in case of any summary conviction under this Act, of the provisions of subsection (1) of section 26 of the Sale of Goods Act 1908 as to the revesting of the property in stolen goods on conviction, shall (unless the court by which the order was made or by which the defendant was convicted directs to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended—
- (a) in any case until the expiration of 14 days after the date of the conviction; and
- (b) in cases where notice of appeal is given within 14 days after the date of conviction, until the determination of the appeal,—
and, in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal. Provision may be made by regulations under this Act for securing the safe custody of any property, pending the suspension of the operation of any such order or of the said provisions.
(2) The High Court may by order annul or vary any order for the restitution of any property to any person, although the conviction is not quashed; and the last-mentioned order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.

Section 138(1): amended, on 1 January 1962, by section 4(1)(f) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section 138(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 138(2): amended, on 1 January 1962, by section 4(1)(f) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

139 Estreat of bail bond where determination appealed against

[Repealed]

Section 139: repealed, on 1 August 1987, by section 6 of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).

140 Orders as to costs

[Repealed]

Section 140: repealed, on 1 April 1968, by section 14(2) of the Costs in Criminal Cases Act 1967 (1967 No 129).

141 Party giving notice of appeal and not prosecuting same may be ordered to pay costs

[Repealed]

Section 141: repealed, on 1 April 1968, by section 14(2) of the Costs in Criminal Cases Act 1967 (1967 No 129).

142 Enforcement of order as to costs

[Repealed]

Section 142: repealed, on 1 April 1968, by section 14(2) of the Costs in Criminal Cases Act 1967 (1967 No 129).

143 No court fees payable on appeal by person sentenced to detention

Where any party to an appeal has been sentenced to detention under the conviction to which the appeal relates, no court fees shall be payable in respect of the appeal either in a District Court or in the High Court or in the Court of Appeal.

Compare: 1927 No 37 s 342A; 1952 No 44 s 12

Section 143: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 143: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 143: amended, on 1 January 1970, by section 5(2) of the Summary Proceedings Amendment Act 1969 (1969 No 43).

Appeal to Court of Appeal

144 Appeal to Court of Appeal

(1) Either party may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on any case stated for the opinion of the High Court under section 107 or against any determination of the High Court on a question of law arising in any general appeal:

provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.

(2) A party desiring to appeal to the Court of Appeal under this section shall, within 21 days after the determination of the High Court, or within such further time as that court may allow, give notice of his application for leave to appeal in such manner as may be directed by the rules of that court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

(3) Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 21 days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

(4) [Repealed]

(5) [Repealed]

(6) [Repealed]

Compare: 1927 No 37 s 309(2)

Section 144(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 144(1) proviso: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 144(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 144(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 144A(4): repealed, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).

Section 144A(5): repealed, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).

Section 144A(6): repealed, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).

144A Appeal to Supreme Court

(1) With the leave of the Supreme Court, either party may appeal to the Supreme Court against—
- (a) a determination of the High Court on a case stated for its opinion under section 107; or
- (b) a determination of the High Court (other than a determination made on an interlocutory application (within the meaning of the Supreme Court Act 2003)) made in a general appeal; or
- (c) a decision of the Court of Appeal on an appeal under section 144(1).
(2) Subsection (1) is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court).

Section 144A: inserted, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).

144B Powers of Court of Appeal and Supreme Court on appeal

On an appeal under section 144 or section 144A to the Court of Appeal or the Supreme Court,—
- (a) the court appealed to has the same power to adjudicate on the proceeding that the High Court had; and
- (b) the same judgment must be entered in the High Court, and the same execution and other consequences and proceedings follow, as if the decision of the court appealed to had been given in the High Court.
Section 144B: inserted, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).

Part 5
Committal proceedings for indictable offences

Part 5: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

145 Purpose and overview

(1) The purpose of this Part is to reform the law relating to preliminary hearings in criminal proceedings by replacing preliminary hearings with a standard committal procedure (which does not involve a hearing or consideration of the evidence), that is followed unless a party has been granted leave to orally examine a witness (in which case a committal hearing is held).

(2) A general overview of the committal procedures set out in this Part is set out in diagrammatic form as follows:

Section 145: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

146 Interpretation

In this Part and Part 5A,—

committal hearing means a hearing required under this Part as a consequence of an oral evidence order under section 180 or 181
committal proceedings—
- (a) means the proceedings comprising each and every occasion on which a defendant to whom this Part applies is required to appear in court, or on which a court considers his or her case under this Part or Part 5A, pending the committal of the defendant for trial or sentence; and
- (b) includes a standard committal, a committal hearing, and any proceedings under section 160, 180 or 181
prosecutor has the same meaning as it has in section 6 of the Criminal Disclosure Act 2008

standard committal is a committal that takes place if no oral evidence order has been made under section 180 or 181 allowing the oral examination of a witness.
Section 146: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Commencement of proceedings under this Part

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

147 Proceedings under this Part

(1) This Part applies if the defendant is to be proceeded against by indictment.

(2) All proceedings to which this Part applies must be commenced by information in form 2 of Schedule 2 and substantiated on oath before a District Court Judge, Justice, Community Magistrate, or any Registrar (not being a constable).

(3) Subsection (2) is subject to sections 44 and 66.
(4) Without limiting any other provision of this Act or any other enactment, no information is invalid only because it—
- (a) does not contain the date of birth of the defendant; or
- (b) does not correctly describe the defendant's date of birth.
(5) No amendment is required to remedy an omission or error of the type described in subsection (4) before the trial.

Compare: 1957 No 87 s 145

Section 147: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Information, summons, and warrant

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

148 Application of provisions of Part 2

(1) The provisions of Part 2 listed in subsection (2), as far as they are applicable and with the necessary modifications, apply to proceedings to which this Part applies.
(2) The provisions are—
- (a) section 13 (which permits any person to lay an information):
- (b) section 16(1) (which requires an information to be for 1 offence only):
- (c) section 17 (which requires an information to contain sufficient particulars):
- (d) section 17A (which requires that certain informations disclose the range of penalties available for the offence):
- (e) section 18 (which specifies the court in which an information must be filed):
- (f) section 20 (which relates to the issue of a summons or a warrant for the attendance of a witness):
- (g) section 22 (which specifies the person to whom a warrant is to be directed and the power of the person executing a warrant to enter premises):
- (h) section 23 (which relates to the withdrawal of a warrant).
Compare: 1957 No 87 s 146

Section 148: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

149 Notice to defendant

The Registrar must serve on the defendant's counsel or solicitor, or on the defendant if he or she is not represented, a written notice to the defendant to the following effect as soon as practicable after the defendant has—
- (a) elected trial by jury under section 66; or
- (b) if the information was laid indictably, made his or her first appearance in court in relation to the offence:
“If you wish to have a committal hearing at which you give oral evidence, or call witnesses on your behalf, or cross-examine a prosecution witness, you must apply for an oral evidence order under section 178 of the Summary Proceedings Act 1957.

“You are not obliged to apply for an oral evidence order.

“If no oral evidence order is made, you will be automatically committed for trial on the basis of the prosecution evidence against you without a committal hearing or consideration of that evidence.

“If an application for an oral evidence order is granted, there will be a committal hearing and the oral evidence that is given will be taken down and may be given against you at your trial. If you give oral evidence yourself, you may be cross-examined.

“If you provide written evidence at a committal hearing that evidence may be used against you at your trial.

“You should take no notice of any promise or threat that any person may have made to persuade you to say anything (other than a promise made in discussions between you or your counsel and the prosecution). If you do not apply for an oral evidence order or provide any written evidence at a committal hearing that fact is not allowed to be the subject of any comment at your trial.”
Compare: 1957 No 87 s 163(2)

Section 149: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

150 Issue of summons or warrant

(1) When an information has been laid, any District Court Judge, Justice, or Community Magistrate, or the Registrar (not being a constable),—
- (a) may issue a summons to the defendant in the prescribed form; or
- (b) may issue a warrant, in the prescribed form, to arrest the defendant and bring him or her before a court.
(2) A warrant under subsection (1)(b) may be issued even if a summons has previously been issued and whether or not that summons has been served.

Compare: 1957 No 87 s 147

Section 150: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

151 Issue of warrant if defendant does not attend

If any person who has been served with a summons issued against him or her in accordance with section 150 does not attend personally at the time and place mentioned in the summons, or at any time and place to which the proceedings are adjourned, the presiding District Court Judge, Justices, Community Magistrate, or Community Magistrates may issue a warrant, in the prescribed form, to arrest that person and bring him or her before a court.

Compare: 1957 No 87 s 148

Section 151: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

152 Defect in form or variance between charge and evidence

(1) No objection may be taken or allowed to any information, summons, or warrant to which this Part applies for any alleged defect in substance or in form, for any variance between it and the evidence adduced on the part of the prosecution at the committal hearing, or for the purposes of the standard committal.

(2) Despite subsection (1), if there is to be a committal hearing and any variance referred to in subsection (1) appears to the court to have deceived or misled the defendant or to operate unfairly to the defendant, the court may, at the defendant's request, adjourn the committal hearing under section 155.

Compare: 1957 No 87 s 149

Section 152: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

152A Power of Registrar to adjourn

[Repealed]

Section 152A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Service of documents

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

153 Service of summons on defendant

Every summons to a defendant must be served on him or her by a constable, by—
- (a) delivering the summons to the defendant personally; or
- (b) bringing it to the defendant's notice if he or she refuses to accept it.
Compare: 1957 No 87 s 150

Section 153: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

153A Defendant may plead guilty before or during preliminary hearing

[Repealed]

Section 153A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

154 Application of provisions of Part 2

The following provisions of Part 2, as far as they are applicable and with the necessary modifications, apply to proceedings to which this Part applies:
- (a) section 26 (which prescribes the mode of service of documents on any person other than the defendant):
- (b) section 27 (which specifies who may serve documents on any person other than the defendant):
- (c) subject to the provisions of section 153, section 28 (which prescribes the mode of service in particular cases):
- (d) section 29 (which prescribes the manner in which service may be proved):
- (e) section 30 (which relates to the translation of documents into the Maori language).
Compare: 1957 No 87 s 151

Section 154: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Adjournments and bail

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

155 Power to adjourn

(1) The committal proceedings for any information may, from time to time, be adjourned by the court to a time and place then appointed if it is necessary or desirable to do so for any reasonable cause.

(2) If only 1 Justice of the Peace is present at the time and place appointed for those proceedings, or when a defendant is brought before a court on arrest, that Justice may adjourn the committal proceedings for a period that must not be longer than 8 days unless the parties consent, to a time and place then appointed.

Compare: 1957 No 87 s 152

Section 155: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

156 Power of Registrar to adjourn

(1) A Registrar may, on the application of either party and with the consent of each party, adjourn committal proceedings for any information to a time and place then appointed if—
- (a) the defendant is not, at the time of the application, in custody (including if the defendant has been released on bail under section 21 of the Bail Act 2000); and
- (b) it is necessary or desirable to do so for any reasonable cause.
(2) If an adjournment is granted under subsection (1), the present conditions of bail (if any) continue, subject to section 34 of the Bail Act 2000, to the adjourned date of hearing.

(3) Whenever the Registrar grants an adjournment under this section, the Registrar must notify each party in writing.

Compare: 1957 No 87 s 152A

Section 156: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 156(2): replaced, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

157 Application of section 46

Section 46, with the necessary modifications, applies to proceedings to which this Part applies.

Compare: 1957 No 87 s 153

Section 157: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Withdrawal of information and stay of proceedings

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

158 Withdrawal of information by prosecutor

(1) Any information may, by leave of the court, be withdrawn by the prosecutor at any time before the defendant is discharged or is committed for trial or for sentence.
(2) Despite subsection (1), the prosecutor may withdraw an information without the leave of the court if—
- (a) an oral evidence order is made under section 178 allowing the oral examination of a prosecution witness; and
- (b) leave is granted to the defendant, on an application under section 109(1)(d) of the Evidence Act 2006, to put any question to that witness relating to the identity of that witness or of another prosecution witness.
(3) The withdrawal of an information is not a bar to any other proceedings in the same matter.

Compare: 1957 No 87 s 157

Section 158: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 158(2)(b): amended, on 7 July 2010, by section 4 of the Summary Proceedings Amendment Act 2010 (2010 No 87).

159 Stay of proceedings

(1) The Attorney-General may direct that proceedings against any person under this Part be stayed.

(2) A direction under subsection (1) may be made at any time after an information has been laid against the person and before the person has been committed for trial or for sentence.

(3) A direction under subsection (1) must be entered into the Criminal Records kept under section 71, and the proceedings are stayed when that entry is made.

Compare: 1957 No 87 s 173

Section 159: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Plea of guilty before committal

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

160 Defendant may plead guilty before committal

(1) This section applies to a defendant who is—
- (a) represented by a barrister or solicitor; or
- (b) unrepresented, but in respect of whom the requirements of section 30(2) of the Sentencing Act 2002 have been satisfied.
(2) A defendant to whom this section applies may, at any time before the defendant is committed for trial, ask to be brought before the court (or, if the defendant is at that time before the court, ask to be permitted) to plead guilty to the offence with which he or she is charged.

(3) As soon as practicable after a request under subsection (2) is made, the defendant must be brought before the court to be dealt with (or, if the defendant is before the court at the time of that request, must be dealt with) under section 161.

(4) If the defendant is not before the court at the time of a request under subsection (2) and is not in custody, notice must be given to him or her of the time and place for attendance before the court for the purpose of being dealt with under section 161.

Compare: 1957 No 87 s 153A

Section 160: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

160A Committal without consideration of evidence

[Repealed]

Section 160A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

161 Procedure if defendant makes request under section 160

(1) When the defendant (or, if the defendant is a corporation, a representative of the defendant) attends before a court for the purposes of section 160,—
- (a) the charge to which the defendant is required to plead must be read to the defendant; and
- (b) the defendant must then be called on to plead either guilty or not guilty.
(2) If the defendant does not plead guilty, or if he or she (or, if the defendant is a corporation, a representative of the defendant) does not personally attend the proceedings,—
- (a) the defendant must be treated in all respects as if he or she had not made any request to plead guilty; and
- (b) no comment may be made in any subsequent proceedings on the fact that that request was made; and
- (c) the request is not admissible in evidence against the defendant in any proceedings.
(3) If the defendant pleads guilty, then, subject to section 66(6), the court must record the plea and,—
- (a) if—
  - (i) the defendant elected under section 66 to be tried by a jury; or
  - (ii) the offence is an indictable offence under any enactment (other than an offence referred to in Part 2 of Schedule 1A of the District Courts Act 1947); or
  - (iii) the offence is an offence to which section 28A(1)(d), (e), or (f) of the District Courts Act 1947 applies—
  the court must either proceed immediately to sentence the defendant, or adjourn the proceedings for the sentencing of the defendant in accordance with section 28F of the District Courts Act 1947:
- (b) in any other case, commit the defendant to the High Court for sentence.
(4) Section 47 of this Act and section 50 of the Bail Act 2000 apply to every adjournment under subsection (3)(a).

(5) If the defendant pleads guilty and is committed to the High Court for sentence under this section, sections 184J(4) and (5), 184K, 184L, and 184T of this Act, and sections 53 and 54 of the Bail Act 2000, as far as they are applicable and with the necessary modifications, apply as if the defendant had pleaded guilty and had been committed to the High Court for sentence after a committal hearing.

Compare: 1957 No 87 s 153A

Section 161: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

161A Application for leave to question undercover Police officer's identity to be removed into High Court

[Repealed]

Section 161A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Formal written statements for purposes of committal

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

162 Formal written statements

(1) A formal written statement by any person is admissible as evidence for the purposes of a standard committal or at a committal hearing to the same extent as oral evidence to the same effect given at a committal hearing by that person.
(2) A formal written statement is either—
- (a) a written statement—
  - (i) that purports to be signed by the person making the statement; and
  - (ii) that contains a statement at the end that everything in the statement is true to the best of that person's knowledge and belief, and that the person made the statement knowing that it might be admitted as evidence for the purposes of the standard committal or at a committal hearing and that he or she could be prosecuted for perjury if the statement is known by him or her to be false and is intended by him or her to mislead; and
  - (iii) that complies with subsections (3) and (4), if applicable; or
- (b) a written statement that does not meet the requirements set out in paragraph (a) if all parties agree to that written statement being admitted as evidence.
(3) If a formal written statement under subsection (2)(a) is made by a person aged under 18 years, the statement must specify the age of that person.
(4) If a formal written statement under subsection (2)(a) is made by a person who cannot read it,—
- (a) the statement must be read to that person before the person signs it; and
- (b) the reader must attach to the statement a signed statement by that reader to the effect that the statement was read to the person and that the person to whom it was read appeared to understand its contents.
(5) Any document or object accompanying a formal written statement, and referred to in that statement as an exhibit, must be treated as if it had been identified in court and produced as an exhibit by the maker of the statement.

Compare: 1957 No 87 s 173A

Section 162: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

163 False statement in formal written statement deemed to be perjury

A formal written statement that is admitted in evidence for the purposes of a standard committal or at a committal hearing is to be treated as evidence on oath given in a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

Section 163: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Special provisions for taking evidence

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

164 Power to take statement of person dangerously ill

(1) A District Court Judge, Registrar, Justice, or Community Magistrate may take a statement of a person on the oath or affirmation of the person if the District Court Judge, Registrar, Justice, or Community Magistrate is satisfied that,—
- (a) in the opinion of a registered medical practitioner, the person is dangerously ill; and
- (b) the person is able and willing to give material information relating to an indictable offence or relating to a person accused of an indictable offence.
(2) A statement under this section may be taken in writing or by an electronic form of recording (for example, an audio recording or a video recording) or by any other method of making a permanent recording.
(3) A District Court Judge, Registrar, Justice, or Community Magistrate who takes a statement under this section must prepare, sign, and attach to the statement a certificate stating—
- (a) whether he or she is satisfied that the statement was taken in accordance with this section; and
- (b) the day on which the statement was taken; and
- (c) the place where the statement was taken; and
- (d) whether any person (other than the dangerously ill person and the District Court Judge, Registrar, Justice, or Community Magistrate) was present at any time while the statement was taken.
(4) A District Court Judge, Registrar, Justice, or Community Magistrate who takes a statement under this section must,—
- (a) if it relates to an indictable offence for which an accused person is already committed for trial, send it and the attached certificate to the Registrar of the court in the place to which the accused person has been committed for trial; or
- (b) if it does not relate to an indictable offence for which an accused person is already committed for trial, send it and the attached certificate to the Registrar of the District Court nearest to the place where the trial would be held if the defendant were committed for trial.
(5) A Registrar of a District Court to whom a statement under subsection (4)(b) is sent must—
- (a) file a copy of it as part of the court records; and
- (b) forward it to a District Court in which—
  - (i) a person to whom it relates is charged with an indictable offence; or
  - (ii) a person is charged with an offence to which it relates.
Compare: 1927 No 37 s 172; 1957 No 87 s 175

Section 164: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

165 Evidence of statement made by person dangerously ill

(1) If each condition set out in subsection (2) is satisfied, a statement taken under section 164 may, without further proof, be given in evidence either—
- (a) for or against the defendant at the committal hearing of, or against the defendant for the purposes of the standard committal for,—
  - (i) an information for an offence to which the statement relates (whether or not the defendant had been charged with that offence at the time the statement was taken); or
  - (ii) an information charging any person to whom the statement relates; or
- (b) for or against the accused person on the trial of—
  - (i) a person for an offence to which the statement relates (whether or not the accused had been charged with that offence at the time the statement was taken); or
  - (ii) a person to whom the statement relates.
(2) The conditions are—
- (a) that it is proved by such evidence as the District Court or, as the case may be, the High Court considers sufficient (whether legally admissible or not)—
  - (i) that the person who made the statement is dead; or
  - (ii) that there is no reasonable possibility that the person who made the statement will ever be able to travel or give evidence; and
- (b) that the statement purports to be signed by the District Court Judge, Registrar, Justice, or Community Magistrate before whom the statement purports to be taken; and
- (c) that it is proved to the satisfaction of the District Court or, as the case may be, the High Court—
  - (i) that reasonable notice of the intention to take the statement was served upon the party other than the party on whose behalf the statement is proposed to be given; and
  - (ii) that that other party or that other party's counsel or solicitor had, or might have had if that other party or counsel or solicitor had chosen to be present, full opportunity of cross-examining the person who made the statement.
Compare: 1927 No 37 s 173; 1957 No 87 s 176

Section 165: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

166 Provision for person in custody to be present at taking of statement

If a person who is in custody has served or has received a notice of an intention to take a statement as provided in section 164,—
- (a) any District Court Judge or Justice or Community Magistrate may, by an order in writing, direct the manager of the prison in which that person is detained to convey the person to the place mentioned in the notice for the purpose of being present at the taking of the statement (as required by section 165(2)(c)(i); and
- (b) the manager must convey the person accordingly.
Compare: 1927 No 37 s 174; 1957 No 87 s 177

Section 166: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 166(a): amended, on 7 July 2010, by section 5(1) of the Summary Proceedings Amendment Act 2010 (2010 No 87).

Section 166(b): amended, on 7 July 2010, by section 5(2) of the Summary Proceedings Amendment Act 2010 (2010 No 87).

Preliminary provisions applicable to committal

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

167 Place of committal

(1) Unless an order is made under section 4A of the District Courts Act 1947 or there is a statutory provision to the contrary, the committal proceedings for an information must take place in the court in the office of which the information is filed.
(2) Despite subsection (1), any District Court Judge or Justice or Community Magistrate or Registrar may order that any of the following take place in some other court:
- (a) the committal proceedings in their entirety:
- (b) the standard committal:
- (c) the committal hearing:
- (d) any other proceedings that form part of the committal proceedings.
(3) A Registrar must not make an order under subsection (2) without the consent of each party to the proceedings.
(4) When an order is made under subsection (2), the Registrar must—
- (a) forward the information to the Registrar of the court to which the committal proceedings, standard committal, committal hearing, or other part of the committal hearings is ordered to be transferred; and
- (b) notify each party in writing.
Compare: 1957 No 87 s 155

Section 167: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168 Obligations of prosecutor to file formal written statements within certain period

(1) The prosecutor must file in the office of the court the formal written statements that form all or part of the evidence for the prosecution for the purposes of the standard committal or at the committal hearing, as the case may require, together with the exhibits referred to in those statements, not later than—
- (a) 42 days after—
  - (i) the date on which the defendant elects trial by jury under section 66; or
  - (ii) if the information is laid indictably, the date on which the defendant first appears in court in relation to that information:
- (b) such earlier or later date specified for the purposes of this section by a District Court Judge.
(2) Despite subsection (1), the prosecutor may file a written statement later than the date required by that subsection in any case, with the leave of a District Court Judge.

(3) When the prosecutor files any written statement or statements under this section, the prosecutor must ensure that notice of that filing is given to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented.

Section 168: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168A Court to which defendant to be committed

[Repealed]

Section 168A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168AA High Court Judge to determine court of trial in certain cases

[Repealed]

Section 168AA: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168AB Notice of transfer of case to District Court

[Repealed]

Section 168AB: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168B Defendant to be warned as to law relating to notice of alibi

[Repealed]

Section 168B: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

168C Defendant to be advised of his right to apply for trial before a Judge without a jury

[Repealed]

Section 168C: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

169 Standard committal is not hearing and does not involve prosecutor's or defendant's presence

(1) A standard committal does not involve any consideration of the evidence or a hearing.
(2) Neither the prosecutor nor the defendant—
- (a) may be present during a standard committal:
- (b) has the right to make oral or written submissions in relation to a standard committal.
Section 169: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

170 Defendant's entitlement to be present during hearings

(1) The defendant is entitled to be present in court during any hearing that is part of the committal proceedings.

(2) Subsection (1) does not apply if the defendant interrupts the proceedings to such an extent that it is impracticable to continue in the defendant's presence.

(3) The court may permit the defendant to be out of court during the whole or any part of the hearing on whatever terms it thinks fit.

(4) Nothing in this section limits any other enactment or rule of law under which a defendant may appear or be represented in court by counsel, rather than having to appear in person.

Compare: 1957 No 87 s 158

Section 170: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

171 Charge to be read to defendant in certain circumstances

(1) If the defendant is present at any hearing that is part of the committal proceedings and requests that the charge be read, or the court conducting that hearing so directs, the charge must be read to the defendant.

(2) At any committal hearing, the charge must be read to the defendant before any written evidence is received by the court and before any witness is called.
(3) If the information is amended at any hearing that is part of the committal proceedings, the amended charge must be read to the defendant,—
- (a) in the case of a committal hearing, immediately after all the evidence for the prosecution has been received by the court:
- (b) in the case of any other hearing, immediately, or if the defendant is not present, at the next hearing that is part of the committal proceedings at which the defendant is present.
Compare: 1957 No 87 s 160

Section 171: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

172 Amendment of information

(1) The court may amend any information to which this Part applies in any way, and at any time, during any hearing that is part of the committal proceedings.

(2) Despite subsection (1), no information in form 2 of Schedule 2 may be amended to an information in form 1 of that schedule.

(3) Despite subsection (1), the court may, at the request of the defendant, adjourn the hearing if it is of the opinion that the defendant would be embarrassed in the conduct of his or her case by reason of an amendment made or proposed to be made under this section.

Compare: 1957 No 87 s 162

Section 172: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

173 Persons who may give evidence under assumed name

(1) An undercover Police officer (within the meaning of section 108 of the Evidence Act 2006)—
- (a) may make a written statement, or give oral evidence, in the name by which the officer was known during the relevant investigation; and
- (b) may sign that statement, or the record of that evidence, in that name.
(2) A witness who is the subject of an application for an anonymity order made under section 110 or 112 of the Evidence Act 2006, or who is the subject of an anonymity order made under either of those sections,—
- (a) may make a written statement, or give oral evidence, using the term “witness” followed by an initial or mark; and
- (b) may sign that statement, or the record of that evidence, in that manner.
(3) This section overrides any contrary provision in this Part.

Compare: 1957 No 87 s 178A

Section 173: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

173A Written statements

[Repealed]

Section 173A: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

174 No comment may be made on defendant refraining from answering charge

No comment adverse to the defendant may be made on the fact that the defendant—
- (a) does not provide any evidence in answer to the charge at a committal hearing or any other hearing that is part of the committal proceedings; or
- (b) does not apply for an oral evidence order under section 178.
Compare: 1957 No 87 s 166

Section 174: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

175 When formal written statement or record of oral evidence in other proceedings may be admitted as evidence at committal hearing or for purposes of standard committal

(1) If a person is charged with more than 1 offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents, and if the conditions in subsection (2) are met, any 1 or more of the following items may, without further proof, be admitted as evidence for the purposes of that person's standard committal or at that person's committal hearing:
- (a) any formal written statement admitted as evidence for the purposes of that person's standard committal process or at that person's committal hearing, in respect of another offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents:
- (b) any record of oral evidence given at that person's committal hearing in respect of another offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents.
(2) A formal written statement or record of oral evidence may be admitted as evidence under subsection (1)—
- (a) if it is proved, by evidence that the Judge considers sufficient (whether legally admissible or not), that the person who made the statement or who gave the oral evidence is—
  - (i) out of New Zealand; or
  - (ii) dead; or
  - (iii) so ill as not to be able to travel; or
- (b) if all parties consent.
(3) A formal written statement or record of oral evidence must not be admitted as evidence under subsection (1) if it is proved that—
- (a) the formal written statement was not taken and admitted in evidence in accordance with section 162; or
- (b) the record of oral evidence was not signed by the District Court Judge or Justices or Community Magistrate or Community Magistrates purporting to sign it; or
- (c) the record of oral evidence was not taken in accordance with the provisions of this Part.
Compare: 1957 No 87 s 184

Section 175: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

176 Defendant must disclose evidence to be provided at committal hearing

(1) If an oral evidence order is made under section 180 or 181, the defendant must, no later than 14 days after the date on which that order is made, disclose to the prosecutor any evidence that the defendant intends to provide to the court at the committal hearing.

(2) Sections 10 and 11 of the Criminal Disclosure Act 2008 apply to the disclosure of evidence under this section.

Section 176: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Timing and procedure at standard committal

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

177 Timing and procedure at standard committal

(1) A standard committal must not take place,—
- (a) in a case where no application is made for an oral evidence order within the period specified in section 178(2), before the earlier of the expiry of 14 days after—
  - (i) the date on which the prosecutor is required to file written statements under section 168(1); or
  - (ii) the date on which the court receives a notice from the defendant that he or she will not apply for an oral evidence order:
- (b) in a case where an application for an oral evidence order is made within the period specified in section 178(2), before the date on which that application is declined.
(2) At a standard committal, the court must, without considering any evidence that has been filed by the prosecution, commit the defendant for trial in accordance with sections 184M and 184N.

Compare: 1957 No 87 s 160A

Section 177: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Oral evidence orders

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

178 Application for oral evidence order

(1) Either party may apply to a District Court Judge for an order allowing the oral examination, at a committal hearing, of—
- (a) any witness who has provided a formal written statement; or
- (b) any person who has not provided a formal written statement, whether that person is proposed to be examined as a witness for that party or for the other party; or
- (c) any person who is to give evidence for that party in relation to the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
(2) An application under subsection (1) must be made no later than 14 days after the date on which the prosecutor is required to file written statements under section 168(1).

(3) Despite subsection (2), a District Court Judge may grant leave for an application under subsection (1) to be made later than the time specified in subsection (2) if the Judge is satisfied that it is necessary in the circumstances of the case.

Section 178: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

179 Application for leave to question undercover Police officer's identity must be removed into High Court

If the defendant wishes to apply, under section 109(1)(d) of the Evidence Act 2006, for leave to put any questions relating to the identity of a witness called by the prosecutor who is an undercover Police officer,—
- (a) that application must be made at the same time as the application is made for an oral evidence order allowing the oral examination of the person to whom those questions are proposed to be put; and
- (b) both applications must be removed into the High Court and heard and determined by a Judge of that court.
Compare: 1957 No 87 s 161A

Section 179: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

180 Determination of application for oral evidence order

(1) Before a District Court Judge makes an oral evidence order on an application under section 178, the Judge must be satisfied,—
- (a) if the proposed order is for the oral examination of a witness who has provided a formal written statement, that—
  - (i) it is necessary to hear the witness in order to determine whether there is sufficient evidence to commit the defendant for trial; or
  - (ii) it is otherwise in the interests of justice to hear the witness; or
- (b) if the proposed order is for the oral examination of a person who has not provided a formal written statement,—
  - (i) that the anticipated evidence of that person is relevant to the charge specified in the information; and
  - (ii) either—
    - (A) that the person has been requested to give evidence in the form of a formal written statement but has failed or refused to do so; or
    - (B) that it is otherwise in the interests of justice to hear the witness; or
- (c) if the proposed order is for the oral examination of a person who is to give evidence in relation to the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, that the anticipated evidence of that person is relevant to the exercise of such a power or jurisdiction.
(2) The Judge may refuse an application for an oral evidence order if he or she considers that the application was made—
- (a) for the purpose of delay; or
- (b) for any other improper purpose.
(3) The Judge must determine an application for an oral evidence order on the basis of—
- (a) the witness's formal written statement (if any); and
- (b) any other written evidence; and
- (c) any written submissions; and
- (d) any oral submissions made in accordance with subsection (4).
(4) A party who applies for an oral evidence order may make oral submissions to the Judge in support of that application.

(5) If a party makes oral submissions under subsection (4), the other party may also make oral submissions to the Judge on that application.

Section 180: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

181 Judge may make oral evidence order of own motion

(1) This section applies if—
- (a) a District Court Judge, in considering an application for an oral evidence order, is satisfied that the conditions described in section 180(1) are satisfied in respect of a person who is not the subject of the application; or
- (b) the defendant has not been committed for trial at a standard committal and a District Court Judge considers it desirable to hear the evidence of any witness in connection with the exercise of any power or jurisdiction conferred by any of sections 7 to 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.
(2) The Judge may, of his or her own motion, make an order requiring the oral examination of that other person at a committal hearing.

Section 181: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

182 Oral evidence of witness who resides at distance, is ill, or is departing New Zealand may be taken at any court

(1) If an oral evidence order is made, that order may permit or require the evidence of a witness to be taken before any District Court or District Court Registrar (not being a constable) if it is desirable to do so.

(2) The provisions of this Part as to the taking of the evidence of witnesses at a committal hearing, as far as they are applicable and with the necessary modifications, apply with respect to any evidence taken under this section.
(3) The oral evidence of any witness taken under this section—
- (a) must be forwarded to the Registrar of the court in which the committal hearing is to take place; and
- (b) has effect as if it were oral evidence taken at the committal hearing.
(4) Judicial notice must be taken of the signature of any examining District Court Judge or Registrar to any record of oral evidence taken under this section.
(5) The court may proceed with a committal hearing without waiting for evidence to be taken from a witness pursuant to an order under subsection (1) if—
- (a) the oral evidence order allowing the oral examination of the witness was granted on the grounds set out in section 180(1)(b); and
- (b) the court considers that—
  - (i) the application for evidence to be taken under subsection (1) was made for the purpose of delay or for any other improper purpose; or
  - (ii) there has been undue delay in the taking of that evidence.
(6) Nothing in this section or in any regulations made under this Act limits or affects the power of the court to compel the personal attendance of any witness at a committal hearing.

Compare: 1957 No 87 ss 174, 178

Section 182: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

When committal hearing must be held

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

183 Committal hearing required if oral evidence order applies

(1) If a District Court Judge or, if section 179 applies, a High Court Judge makes an oral evidence order allowing 1 or more witnesses to be orally examined, a committal hearing must take place.

(2) To avoid doubt, the District Court Judge who determined the application for an oral evidence order may conduct the committal hearing.

Section 183: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Procedure at committal hearing

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184 Application of provisions of Part 2

(1) The provisions of Part 2 listed in subsection (2), as far as they are applicable and with the necessary modifications, apply to a committal hearing as if—
- (a) references in those provisions to the hearing were references to that committal hearing; and
- (b) references in those provisions to the charge were references to the information.
(2) The sections are—
- (a) section 37(1), (2), and (3) (which relates to the person who may conduct the proceedings):
- (b) section 38 (which relates to the issue of a warrant for the appearance of a witness):
- (c) section 39 (which relates to the imprisonment of a witness refusing to give evidence):
- (d) section 40(1) (which relates to the power to order witnesses to remain outside the court).
- (e) [Repealed]
Compare: 1957 No 87 s 154

Section 184: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 184(2)(e): repealed, on 7 July 2010, by section 6 of the Summary Proceedings Amendment Act 2010 (2010 No 87).

184A Procedure at committal hearing

(1) At any committal hearing the prosecutor must—
- (a) if the court gives leave, provide to the court any formal written statements or exhibits that have not already been filed under section 168; and
- (b) call each prosecution witness who is to give oral evidence under an oral evidence order.
(2) After all the evidence for the prosecution has been given and any amended charge has been read to the defendant, the defendant must, if the defendant intends to provide evidence,—
- (a) provide to the court any formal written statements or exhibits that have not already been provided to the court; and
- (b) call any defence witness (including the defendant) who is to give oral evidence for the defence under an oral evidence order.
(3) Each witness who is called must be examined by the party for whom he or she is giving evidence, and may be cross-examined by the other party and re-examined by the first party.
(4) Despite subsection (3), a witness may, instead of being examined by the party for whom he or she is giving evidence, read his or her formal written statement (if any) to the court if—
- (a) all other parties consent; or
- (b) the court so directs.
(5) If the defendant gives evidence in accordance with an oral evidence order, the defendant may be cross-examined by the prosecutor and, if the defendant is represented, he or she may be re-examined.

(6) This section is subject to section 184H.

Compare: 1957 No 87 s 161(1)

Section 184A: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184B No oral evidence without order

The court must not hear the oral evidence of the defendant or of any witness at a committal hearing unless an oral evidence order has been made in relation to that person.

Section 184B: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184C Court may direct that formal written statements be read aloud

At a committal hearing, the court may direct that a formal written statement provided as evidence be read aloud, or that an oral account be given of so much of the statement as is not read aloud.

Compare: 1957 No 87 s 173A(4)

Section 184C: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184D Oral evidence must be recorded in writing

The evidence of every person who gives oral evidence at a committal hearing, including the defendant if he or she gives oral evidence, must be—
- (a) put into writing; and
- (b) read over to that person; and
- (c) signed by that person and by the presiding District Court Judge or Justices or Community Magistrate or Community Magistrates.
Compare: 1957 No 87 ss 161(2), 163(3), 165(2)

Section 184D: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184E Committal hearing may be completed despite witness's failure to appear or give evidence

If a person fails to appear or to give evidence at a committal hearing, the court may nevertheless commit the defendant for trial or sentence, or otherwise dispose of the case, if any other evidence received by it is sufficient for that purpose.

Section 184E: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Determination at committal hearing

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184F If evidence insufficient, defendant must be discharged

When all the evidence has been given at a committal hearing, if the court is of the opinion that the evidence adduced by the prosecutor is not sufficient to put the defendant on trial for any indictable offence, it must discharge the defendant.

Compare: 1957 No 87 s 167

Section 184F: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184G If evidence sufficient, defendant must be committed for trial

When all the evidence has been given at a committal hearing, if the court is of the opinion that the evidence adduced by the prosecutor is sufficient to put the defendant on trial for an indictable offence, the court must proceed in accordance with sections 184I to 184N.

Section 184G: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Powers of court if defendant seeks to provide undisclosed evidence at committal hearing

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184H Powers of court if defendant seeks to provide evidence at committal hearing that was not disclosed as required by section 176

(1) This section applies if, at a committal hearing, the court is satisfied that evidence sought to be provided by the defendant should have been disclosed to the prosecutor under section 176.
(2) the court may—
- (a) exclude the evidence; or
- (b) require the evidence to be disclosed to the prosecutor and adjourn the hearing; or
- (c) admit the evidence if it would not be contrary to the interests of justice to do so.
(3) The court—
- (a) must not order the exclusion of evidence under this section if it is satisfied that the defendant was not given notice in accordance with section 21 of the Criminal Disclosure Act 2008 of the requirements of section 176; but
- (b) if paragraph (a) applies, must adjourn the hearing if the prosecutor requests an adjournment.
Section 184H: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Committal for trial or sentence

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184I Advice must be given to defendant on committal following committal hearing

If section 184G applies,—
- (a) the defendant must be addressed by, or on behalf of, the court as follows:
  
  “This court proposes to commit you for trial, but you may, if you wish, plead guilty to the offence charged”; and
- (b) unless the court is presided over by a trial Judge who would himself or herself impose sentence, the court must also tell the defendant which court he or she will be committed to for sentence if he or she pleads guilty.
Compare: 1957 No 87 s 168(1)(a), (aa)

Section 184I: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Procedure if defendant pleads guilty

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184J Procedure if defendant pleads guilty

(1) If, after receiving the advice in section 184I, the defendant pleads guilty, then the court must record the plea and,—
- (a) if the court has jurisdiction to sentence the defendant under section 28A of the District Courts Act 1947, either proceed immediately to sentence the defendant, or adjourn the proceedings for the sentencing of the defendant, in accordance with section 28F of that Act; and
- (b) if the court does not have jurisdiction to sentence the defendant, commit the defendant to the High Court for sentence.
(2) Subsection (1) is subject to section 66(6) and (6A).

(3) Section 47 of this Act and section 51 of the Bail Act 2000 apply on an adjournment under subsection (1)(a).

(4) If the defendant pleads guilty and is committed to the High Court for sentence, the following statement must be endorsed on the information:

“I plead guilty to the offence charged in the within information.

“Dated [date]”

(5) The defendant must sign the statement referred to in subsection (4) (or, if the defendant is unable to sign the statement, the defendant must put his or her mark on it), and the presiding District Court Judge, Justices, Community Magistrate, or Community Magistrates must witness that signature or mark.

Compare: 1957 No 87 s 68(1)(b), (2), (3)

Section 184J: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184K If defendant pleads guilty, no objection may be taken and plea must not be withdrawn without leave

No objection on any ground whatever may be taken to any information to which the defendant has pleaded guilty, and the defendant may not withdraw the plea except with the leave of a Judge of the court in which the defendant is to be sentenced.

Compare: 1957 No 87 s 169

Section 184K: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184L Defendant committed for sentence must be brought before High Court

(1) A defendant who is committed to the High Court for sentence must, as soon as practicable, be brought before the High Court for sentence.

(2) Any Judge of the High Court has the same powers of sentencing or of otherwise dealing with the defendant, and of finally disposing of the charge and of all incidental matters, as he or she would have had if the defendant had pleaded guilty to the offence charged, in the High Court.

Compare: 1957 No 87 s 170

Section 184L: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Procedure if defendant does not plead guilty

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184M Procedure if standard committal occurs or defendant does not plead guilty

(1) If section 177 (the standard committal) applies, or if, after receiving the advice in section 184I, the defendant does not plead guilty, then the court must,—
- (a) if the defendant is a natural person, commit the defendant for trial; or
- (b) if the defendant is a corporation, make an order empowering the filing of an indictment in respect of the offence named in the order.
(2) If the defendant is a corporation, for the purposes of any enactments referring to committal for trial, an order under subsection (1)(b) is deemed to be a committal for trial.

(3) This section is subject to section 66(6) of this Act and to section 345 of the Crimes Act 1961.

Compare: 1957 No 87 s 170

Section 184M: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184N Court to which defendant must be committed

(1) The court to which a defendant must be committed for trial under section 184M is as follows:
- (a) in respect of any offence that a District Court has jurisdiction to try under section 28A(1)(a), (b), (d), (e), or (f) of the District Courts Act 1947, either—
  - (i) the District Court exercising that jurisdiction that is nearest to the committing court; or
  - (ii) any other District Court exercising that jurisdiction that is specified in regulations made under this Act as being a court to which the defendant may be committed for trial (even if not nearest to the committing court):
- (b) in respect of any other offence, either—
  - (i) the High Court at the place where sittings of the court are held that is nearest to the committing court; or
  - (ii) the High Court at any other place that may be specified in regulations made under this Act as being the place at which sittings of the High Court are conducted and to which the defendant may be committed for trial (even if not nearest to the committing court).
(2) Nothing in this section affects section 28J of the District Courts Act 1947.

Compare: 1957 No 87 s 168A(1)

Section 184N: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184O Court to which defendant must be committed if related charge must be heard in High Court

(1) This section applies if the defendant has been charged (either alone or together with some other person or persons) with offences arising from an incident or series of incidents, or a transaction or set of circumstances, in respect of which he or she must be committed to the High Court on at least 1 charge.
(2) In each case to which this section applies, despite section 184N(1), the court to which the defendant must be committed for trial under section 184M must be either—
- (a) the High Court at the place where sittings of the court are held that is nearest to the committing court; or
- (b) the High Court at any other place that is specified in regulations made under this Act as being a place at which sittings of the High Court are conducted and to which the defendant may be committed for trial (even if not nearest to the committing court).
(3) A High Court Judge may, under section 184Q(2), direct that an indictable offence that may be tried in a District Court under section 28A of the District Courts Act 1947 be tried in that court even if the defendant has been committed to the High Court for trial under subsection (1).

(4) Nothing in this section affects section 28J of the District Courts Act 1947.

Compare: 1957 No 87 s 168A(2)–(4)

Section 184O: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184P Committal to wrong court

(1) If a defendant is committed to a court for trial and the court to which he or she is committed is not the correct court, the court to which the defendant has been committed may transfer the proceeding to the appropriate court specified in section 184N or 184O.
(2) If this section applies, and the court so directs, the Registrar must ensure that notice is given to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented of the date and time at which the defendant must report to the court to which the proceedings have been transferred, and—
- (a) if the defendant has been released on bail, making the necessary variations in the conditions of bail; and
- (b) if the defendant has been remanded in custody, making the necessary alterations to the warrant of commitment.
Section 184P: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184Q High Court Judge must determine trial court in certain cases

(1) This section applies if a defendant is committed to the High Court for trial for any offence referred to in Part 1 of Schedule 1A of the District Courts Act 1947.

(2) If this section applies, a Judge of the High Court must determine on the papers whether it is more appropriate for the trial to be held in a District Court, and, if the Judge so determines, the Judge may transfer the case to the District Court exercising jurisdiction under Part 2A of the District Courts Act 1947 that is nearest to the committing court.

(3) No party is entitled to be heard by, or to make submissions to, the Judge under subsection (2).
(4) In determining the appropriate court under subsection (2), the Judge must have regard to the following matters:
- (a) the gravity of the offence charged; and
- (b) the complexity of the issues likely to arise in the proceedings; and
- (c) the desirability of the prompt disposal of trials; and
- (d) the interests of justice generally.
(5) Nothing in this section applies to proceedings transferred to the High Court by order made under section 28J of the District Courts Act 1947.

(6) Nothing in this section applies to a proceeding involving a witness who is the subject of an anonymity order made under section 112 of the Evidence Act 2006.

(7) Nothing in this section applies to a proceeding where the defendant is charged with a stage-3 offence (within the meaning of section 86A of the Sentencing Act 2002).

Compare: 1957 No 87 s 168AA

Section 184Q: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 184Q(6): amended, on 7 July 2010, by section 7 of the Summary Proceedings Amendment Act 2010 (2010 No 87).

Section 184Q(7): inserted, on 1 June 2010, by section 13 of the Sentencing and Parole Reform Act 2010 (2010 No 33).

184R Notice of transfer of case to District Court

(1) If an order transferring a case to a District Court is made under section 184Q, a Registrar of the High Court must give, or cause to be given,—
- (a) to the defendant's counsel or solicitor, or to the defendant if the defendant is not represented,—
  - (i) a copy of the order; and
  - (ii) a written notice informing the defendant of the date and time at which the defendant must report to the District Court to which the case has been transferred and, if the defendant has been released on bail, making the necessary variations in the conditions of bail; and
- (b) to each surety of that defendant under any surety bond,—
  - (i) a copy of the order; and
  - (ii) a copy of the written notice given to the defendant under paragraph (a)(ii).
(2) If subsection (1) is complied with in relation to a defendant and in relation to each surety of that defendant under a surety bond, the terms of that surety bond are deemed to be varied accordingly.

Compare: 1957 No 87 s 168AB

Section 184R: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184S Defendant must be advised of right to apply for trial before Judge without jury

(1) Subsection (2) applies if the court commits a defendant for trial for any offence other than one referred to in section 361B(5) of the Crimes Act 1961.

(2) If this subsection applies, the Registrar must, either on committal or as soon as practicable after committal, give, or cause to be given, to the defendant's counsel or solicitor, or to the defendant if he or she is not represented, a written notice of the defendant's right, under section 361B, to apply to a Judge of the High Court or a trial Judge of the District Court, as the case may require, for an order that the defendant be tried before a Judge without a jury.

(3) A notice under subsection (2) must be in the prescribed form.

(4) The fact that the written notice was given to the defendant's counsel or solicitor, or to the defendant, must be recorded on the form of committal of the defendant for trial.

Compare: 1957 No 87 s 168C

Section 184S: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Procedure after committal for trial or sentence

Heading: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184T Dealing with defendant committed for trial or for sentence

(1) If a defendant is committed for trial at a standard committal, the court must remand the defendant to appear in the court to which the defendant is committed for trial, and—
- (a) if the defendant is in custody at the time of committal, the defendant must be remanded in custody; and
- (b) if the defendant is on bail at the time of committal, the court, despite the absence of the defendant, must impose the condition required by section 52(2) of the Bail Act 2000 and that condition and the conditions of bail to which the defendant is subject continue in force until—
  - (i) the date on which the defendant is due to appear in the court to which the defendant is committed for trial; or
  - (ii) any earlier date on which the defendant appears before a court; and
- (c) the Registrar must ensure that notice of the defendant's committal and the conditions required by section 52(2) of the Bail Act 2000 are given to the defendant, the defendant's counsel (if any), the prosecutor, and also to the sureties under any surety bond.
(2) If a defendant committed for trial (whether at a standard committal process or at a committal hearing) or for sentence is remanded in custody, whether or not the defendant is present at the time of committal, the District Court must issue a warrant in the prescribed form for the defendant's detention in a prison—
- (a) pending and during the defendant's trial; or
- (b) pending the defendant being brought up for sentence and during his or her sentencing.
(3) Despite subsection (2), the District Court may, instead of issuing a warrant under that subsection, make an order for the defendant's detention in a hospital or secure facility pending the defendant's trial if the District Court is satisfied of the matters in subsection (4).
(4) Before making an order under subsection (3), the District Court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—
- (a) the defendant is mentally impaired; and
- (b) the defendant's mental condition requires that, in the defendant's own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.
(5) In subsections (3) and (4),—
- (a) health assessor has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:
- (b) hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
- (c) secure facility has the same meaning as in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.
Section 184T: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 184T(3): amended, on 7 July 2010, by section 8(1) of the Summary Proceedings Amendment Act 2010 (2010 No 87).

Section 184T(4): replaced, on 7 July 2010, by section 8(2) of the Summary Proceedings Amendment Act 2010 (2010 No 87).

Section 184T(5): inserted, on 7 July 2010, by section 8(2) of the Summary Proceedings Amendment Act 2010 (2010 No 87).

184U Evidence of witness taken after defendant committed for trial

(1) A District Court Judge may, after a defendant has been committed for trial, make an order that the evidence of a person who did not give evidence (whether by formal written statement or orally) be taken.
(2) Before making an order under subsection (1), the Judge must be satisfied that—
- (a) the person is able to give evidence; and
- (b) it is in the interests of justice that the evidence of that person be taken.
(3) An order under subsection (1) may be made on an application by the prosecutor or by the defendant.

(4) An order under subsection (1) must specify whether the evidence of the witness is to be provided by way of formal written statement or taken orally.
(5) If the Judge orders that the person's evidence be taken orally,—
- (a) the order must specify the time and place at which the evidence of the witness must be taken; and
- (b) the party on whose application an order under subsection (1) is made must give notice to the other party, in the prescribed form, of the time and place at which the evidence must be taken.
(6) The provisions of this Part as to the taking of the evidence of witnesses at a committal hearing, as far as they are applicable and with the necessary modifications, apply with respect to any evidence taken under this section as if that evidence were taken at a committal hearing.
(7) The formal written statement provided, or oral evidence taken, under this section—
- (a) must be forwarded to the Registrar of the court in the place to which the defendant was committed for trial; and
- (b) has effect as if it were a formal written statement or oral evidence taken at a committal hearing.
Compare: 1957 No 87 s 178

Section 184U: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184V Notice to witnesses to attend at trial court

(1) The presiding District Court Judge, Justices, Community Magistrate, Community Magistrates, or Registrar may issue to any person specified in subsection (2) a notice requiring that person, if the defendant is committed for trial, to attend at the High Court or the District Court, as the case may be, in accordance with the terms of the notice, to give evidence.
(2) The persons to whom a notice under subsection (1) may be issued are—
- (a) any person who made a formal written statement that was provided in evidence for the purposes of the standard committal or at the committal hearing; and
- (b) any person whose evidence was taken under section 184U; and
- (c) any person who gave oral evidence at the committal hearing (if there was one).
(3) A notice under subsection (1)—
- (a) must be in the prescribed form; and
- (b) has effect as if it were a summons to a witness issued out of the High Court or District Court, as the case may be; and
- (c) must be served personally, by an officer of the District Court or by any constable, on the person to whom it is addressed.
(4) The service of a notice under subsection (1) may be proved in the High Court or District Court, as the case may be,—
- (a) by an affidavit made by the person who served the notice that shows the fact and the time of service; or
- (b) by the person who served the notice on oath at the trial; or
- (c) by an endorsement on a copy of the notice that shows the fact and time of service, and that is signed by the person effecting service.
(5) Every person who wilfully endorses any false statement of the fact or time of service on a copy of the notice commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

(6) If, at the conclusion of a committal hearing, the defendant is discharged, every notice given to a witness under subsection (1) is deemed to be cancelled, and the Registrar must cause notice of that cancellation, in the prescribed form, to be given to the witness.

(7) A notice of cancellation under subsection (6) must be given by delivering it to the witness personally, or by sending it to him or her by registered post addressed to the witness's last known place of residence.

Compare: 1957 No 87 s 181

Section 184V: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184W On committal, documents, etc, must be sent to trial court or sentencing court

(1) If any person is committed for trial or sentence (other than under section 161), the Registrar of the District Court must immediately send to the Registrar of the court in the place where the trial is to be held or the person is to be sentenced—
- (a) the information; and
- (b) all formal written statements; and
- (c) the record of any oral evidence; and
- (d) any video record of the complainant's evidence provided—
  - (i) for the purposes of the standard committal in accordance with section 185D; or
  - (ii) at the committal hearing in accordance with section 185D; and
- (e) the form of committal and any other documents relating to the committal; and
- (f) any exhibits in his or her custody; and
- (g) the notice of bail (if any) and any surety bond; and
- (h) any certificate filed by the Commissioner of Police under section 108(2) of the Evidence Act 2006 in respect of any witness; and
- (i) a copy of the notice to attend the court issued to any witness.
(2) If any person is committed for sentence under section 161, or under section 28G of the District Courts Act 1947 following a plea of guilty under section 161, the Registrar of the District Court must immediately send to the Registrar of the High Court in the place where the person is to be sentenced—
- (a) the information; and
- (b) a summary of the facts (which must be provided by the prosecutor to the Registrar); and
- (c) any evidence upon which that person has pleaded; and
- (d) the notice of bail (if any) and any surety bond; and
- (e) any other documents or exhibits relating to the committal.
Compare: 1957 No 87 s 182

Section 184W: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184X Every party entitled to records of oral evidence or summary of facts

(1) Every party to the proceedings is entitled to a copy of any record of oral evidence to which section 184W(1)(c) applies, without fee.

(2) Every party to the proceedings is entitled to a copy of any summary of facts and evidence sent to the Registrar of the High Court in accordance with section 184W(2)(b) and (c), without fee.

(3) If the evidence of the complainant is to be given by way of video record in accordance with section 185D, the defendant is not entitled to a copy of the video record, but is entitled to view the video record within the court precincts in the presence of an officer of the court.

Compare: 1957 No 87 s 183

Section 184X: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

184Y When formal written statement or record of oral evidence may be read in evidence at trial

(1) If the defendant is committed for trial, any oral evidence that he or she gave at a committal hearing may, without further proof, be given in evidence against him or her at his or her trial.
(2) If the conditions in subsection (3)(a) or (b) are met, either or both of the following items may, without further proof, be read or given as evidence for any party at the trial of a person who has been committed for trial:
- (a) any formal written statement admitted as evidence at that person's standard committal or committal hearing:
- (b) any record of oral evidence given by a witness at that person's committal hearing.
(3) A formal written statement or record of oral evidence may be read or given as evidence under subsection (2)—
- (a) if it is proved, by evidence that the Judge considers sufficient (whether legally admissible or not), that the person who made the statement or who gave the oral evidence is—
  - (i) out of New Zealand; or
  - (ii) dead; or
  - (iii) so ill as not to be able to travel; or
- (b) if all parties consent.
(4) A formal written statement or record of oral evidence may be read or given as evidence under subsection (2)—
- (a) for the offence in respect of which that statement was taken or that oral evidence was given; or
- (b) for any other offence arising out of the same transaction, or set of circumstances, or incident, or series of incidents, as that offence.
(5) A formal written statement or record of oral evidence must not be read as evidence if it is proved that—
- (a) the formal written statement was not taken and admitted in evidence in accordance with section 162; or
- (b) the record of oral evidence was not signed by the District Court Judge or Justices or Community Magistrate or Community Magistrates purporting to sign it; or
- (c) the record of oral evidence was not taken in accordance with the provisions of this Part.
Compare: 1957 No 87 ss 163(4), 184

Section 184Y: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185 Witness about to leave New Zealand may be arrested

(1) If any person is committed for trial, any District Court Judge, Justice, or Community Magistrate who is satisfied, on oath, that any person referred to in subsection (2) is about to leave New Zealand may issue a warrant in the prescribed form for the arrest of that person.
(2) The persons are—
- (a) any person who has been summoned to give evidence at the trial; or
- (b) any person on whom a notice has been served under this Part to attend at the High Court or District Court.
(3) If any person is arrested under subsection (1), the provisions of section 20(4A) to (4D), so far as they are applicable and with any necessary modifications, apply.

Compare: 1957 No 87 s 185

Section 185: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Part 5A
Special provisions relating to standard committal process and committal hearings in cases of sexual nature

Part 5A: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185A Application

(1) This Part applies to committal hearings for and, so far as applicable, the standard committal for, any of the following offences:
- (a) any offence against sections 128 to 142A of the Crimes Act 1961:
- (b) any offence against section 144A of the Crimes Act 1961:
- (c) any other offence against the person of a sexual nature:
- (d) being a party to the commission of any offence referred to in paragraph (a), (b), or (c):
- (e) conspiring with any person to commit any of those offences.
(2) Subsection (1) is subject to section 185B.

Section 185A: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185B Certain hearings to be conducted by Judge

Every court that hears the oral evidence of a complainant at a committal hearing must be presided over by a District Court Judge if the defendant is charged with any of the following offences:
- (a) sexual violation:
- (b) attempted sexual violation:
- (c) assault with intent to commit sexual violation:
- (d) an offence against section 129A of the Crimes Act 1961 (inducing sexual connection by coercion):
- (e) an offence against section 142A of that Act (compelling indecent act with animal):
- (f) being a party to the commission of any offence referred to in paragraphs (a) to (e):
- (g) conspiring with any person to commit any of those offences.
Section 185B: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185C Evidence of complainant

(1) Despite anything in Part 5, at any committal hearing to which this Part applies, the complainant's evidence must be given in the form of a written statement, and the complainant must not be examined or cross-examined on that statement unless—
- (a) the court is satisfied that the complainant has been advised of the right to give evidence in the form of a written statement but nevertheless wishes to give evidence orally; or
- (b) the court orders, either of its own motion or on the application of the defendant, that the complainant's evidence be given orally on the ground that it is necessary to hear the witness in order to determine whether there is sufficient evidence to commit the defendant for trial.
(2) At any committal hearing, no person may be present in the courtroom except the following:
- (a) the Judge:
- (b) the prosecutor:
- (c) the defendant and any person who is for the time being acting as custodian of the defendant:
- (d) any barrister or solicitor engaged in the proceedings:
- (e) any officer of the court:
- (f) any person who is for the time being responsible for recording the proceedings:
- (g) the constable in charge of the case:
- (h) any accredited news media reporter:
- (i) any person whose presence is requested by the complainant:
- (j) any person expressly permitted by the Judge to be present.
(3) Before the complainant commences to give evidence at the committal hearing, the Judge must—
- (a) ensure that no person other than those referred to in subsection (2) is present in the courtroom; and
- (b) advise the complainant of the complainant's right to request the presence of any person under subsection (2)(i).
Section 185C: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185CA Child complainant's evidence may be given by videotape

[Repealed]

Section 185CA: repealed, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

185D Child complainant's evidence may be given by video record

(1) Despite anything in Part 5 or section 185C, at any standard committal or committal hearing to which this Part applies, the evidence of the complainant may be provided or given, as the case requires, in the form of a video record if,—
- (a) in the case of a standard committal,—
  - (i) the complainant is under the age of 17 years or in the opinion of the prosecutor the complainant is mentally handicapped; and
  - (ii) the court is satisfied that the video record has been made, and is identified, in the prescribed manner and form:
- (b) in the case of a committal hearing an order has been made under section 178 for the complainant to give oral evidence at a committal hearing; and
  - (i) either—
    - (A) the complainant is under the age of 17 years; or
    - (B) it is apparent to the court from viewing the video record, or from some other admissible evidence, that the complainant is mentally handicapped; and
  - (ii) the court is satisfied that the video record has been made, and is identified, in the prescribed manner and form.
(2) If the video record is shown at a committal hearing, only those persons specified in section 185C(2), and any witness involved in, and testifying about, the making of the video record, may be present in the courtroom.

(3) No report or account of any matters shown in the video record may be published, and every person who publishes a report or account of those matters commits an offence and is liable on summary conviction to a fine not exceeding $1,000.

Section 185D: replaced, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 185D(2): amended, on 7 July 2010, by section 9 of the Summary Proceedings Amendment Act 2010 (2010 No 87).

185E Power of court to prohibit publication of certain details

[Repealed]

Section 185E: repealed, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

185F Other powers of court preserved

Nothing in section 185C(2) or 185D limits or affects the powers of the court to exclude any person or forbid any report or account of any evidence under section 206 or under any other enactment.

Section 185F: inserted, on 29 June 2009, by section 12 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 185F: amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Part 6
Conservation of the peace

Sureties of the peace

186 Application for order for bond to keep the peace

Any person may apply, by complaint, to a court presided over by a District Court Judge for an order requiring any other person to enter into a bond, either with or without sureties, for keeping the peace, on any of the following grounds:
- (a) that the complainant has cause to fear that the defendant—
  - (i) will do the complainant or his or her wife, husband, civil union partner, or de facto partner or his or her child or any member of his or her household bodily harm; or
  - (ii) will destroy or damage the complainant's house; or
  - (iii) will procure any other person to do any such injury as aforesaid; or
- (b) that the defendant has, to or in the presence of the complainant for the purpose of annoyance and provocation, or to the common annoyance of members of the public,—
  - (i) used provoking or insulting language; or
  - (ii) exhibited any offensive writing or object; or
  - (iii) done any offensive act; or
- (c) that the defendant has threatened to do, or to procure some other person to do, any act which if done would constitute an offence under any of the following provisions of the Crimes Act 1961:
  - (i) subsection (1) of section 188 (which relates to wounding with intent to do grievous bodily harm):
  - (ii) subsection (2) of section 189 (which relates to injuring with intent to injure):
  - (iii) section 196 (which relates to common assault):
  - (iv) section 267 (which relates to arson):
  - (v) section 269 (which relates to intentional damage):
  - (vi) section 270 (which relates to endangering transport):
  - (vii) section 271 (which relates to waste or diversion of electricity, gas, or water).
  - (viii) [Repealed]
  - (ix) [Repealed]
  - (x) [Repealed]
  - (xi) [Repealed]
Compare: 1927 No 37 ss 13, 14

Section 186: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 186(a)(i): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 186(a)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 186(c): replaced, on 23 November 1973, by section 24(1) of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 186(c)(iv): replaced, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(v): replaced, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(vi): replaced, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(vii): replaced, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(viii): repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(ix): repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(x): repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 186(c)(xi): repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

187 Making of order for bond

(1) If on the hearing of any such complaint the court considers that there is good ground to do so, it may order the defendant to enter, with or without a surety or sureties, as the court thinks fit, into a bond in such sum or sums as the court thinks sufficient, subject to the condition that the defendant keep the peace towards the complainant and refrain from doing the act feared or from repeating the conduct complained of or from doing the act threatened, as the case may be, for such time, not exceeding 1 year, from the date of the bond as is fixed by the order.
(2) No order shall be made under this section, unless—
- (a) in the case of a complaint under paragraph (a) of section 186, the court is satisfied that the complainant has just cause for his fear; or
- (b) in the case of a complaint under paragraph (b) of that section, the court is of opinion that the conduct complained of is likely to be repeated and may tend to provoke a breach of the peace; or
- (c) in the case of a complaint under paragraph (c) of that section, the court is satisfied that there is just cause for fear that the defendant will, if not prevented, carry the threats into execution.
(3) A bond under this section shall be in the prescribed form, and may be entered into by any of the parties to it before any District Court Judge or Justice or Registrar, and it shall not be necessary for all the parties to the bond to be present at the same time or at the same place, and more than 1 form of bond may be signed. The person before whom any bond is entered into shall give to each of the persons entering into it before him a notice in the prescribed form.

(4) In any case where a surety or sureties are required, the court may at any time, if it is satisfied that the defendant is unable to obtain the surety or sureties, order that the surety or, as the case may be, any or all of the sureties be dispensed with.

Compare: 1927 No 37 ss 13, 16, 17; 1948 No 20 s 9(2)

Section 187(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

188 Making of order for bond where person charged with offence

Where any person is charged before a court presided over by a District Court Judge with an offence and the evidence establishes one of the grounds which would justify the making of an order for a bond for keeping the peace, then, whether or not the defendant is convicted of the offence and whether or not any penalty is imposed on him in respect of the offence, the court may make such an order as if an application therefor had been made under section 186.

Compare: 1927 No 37 ss 20, 21

Section 188: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

189 Refusal to enter into bond

If a defendant refuses to enter into a bond for keeping the peace when ordered or fails to obtain surety or sureties as required by the order, the court may order that he be committed to a prison for any period not exceeding 2 months:

provided that a defendant who has failed to obtain the required surety or sureties shall not be ordered to be committed to a prison if he satisfies the court that he has taken reasonable steps to obtain them:

provided further that a defendant who has been committed to a prison shall be immediately released if he enters into the bond, or obtains the required surety or sureties, or before the expiry of the period of his detention satisfies a court presided over by a District Court Judge that he had taken reasonable steps to obtain the surety or sureties.

Compare: 1927 No 37 s 19

Section 189 second proviso: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

190 Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made

If the person for whose protection a court has required the defendant to find a surety or sureties of the peace dies, and the defendant is then in a prison in default of finding the surety or sureties, a court presided over by a District Court Judge may, if it thinks fit, order that the defendant be released from custody without finding the surety or sureties.

Compare: 1927 No 37 s 23

Section 190: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

191 Estreat of bond

(1) Any person who has obtained an order requiring any other person to enter into a bond for keeping the peace may apply to a court presided over by a District Court Judge for an order for estreat of the bond on the ground that that other person has failed to keep the condition of the bond.

(2) On the filing of the application the Registrar shall fix a time and place for the hearing of the application, and shall, not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place so fixed.

(3) If on the hearing of any application made under this section it is proved to the satisfaction of the court that the condition of the bond has not been kept, the court may make an order in the prescribed form to estreat the bond to such an amount as it thinks fit as to any person bound thereby on whom notice is proved to have been served in accordance with this section. Any penalty payable in accordance with this subsection shall be recoverable as if it were a fine.

Compare: 1927 No 37 ss 31, 32

Section 191: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Special constables

[Repealed]

Heading: repealed, on 1 October 2008, pursuant to section 130(1) of the Policing Act 2008 (2008 No 72).

192 Appointment and powers of special constables

[Repealed]

Section 192: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Part 7
Protection of Justices and Community Magistrates

Part 7 heading: replaced, on 20 May 2004, by section 3 of the Summary Proceedings Amendment Act 2004 (2004 No 47).

193 No action against Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction

(1) No action shall be brought against any Justice or Community Magistrate for any act done by him, unless he has exceeded his jurisdiction or has acted without jurisdiction.

(2) Where a conviction or order is entered or made by 1 or more Justices or 1 or more Community Magistrates and a warrant to seize property or warrant of commitment is granted thereon bona fide by some other Justice or Community Magistrate, no action shall be brought against the Justice who granted the warrant by reason of any defect in the conviction or order or of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it.

Compare: 1927 No 37 ss 341, 344, 345, 348

Section 193 heading: replaced, on 30 June 1998, by section 45 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 193 heading: amended, on 20 May 2004, by section 4(1) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 193(1): amended, on 20 May 2004, by section 4(2) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 193(1): amended, on 30 June 1998, by section 45(a) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 193(2): amended, on 13 February 2012, by section 43 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 193(2): amended, on 9 October 2006, by section 27 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 193(2): amended, on 20 May 2004, by section 4(3)(a) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 193(2): amended, on 20 May 2004, by section 4(3)(b) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 193(2): amended, on 30 June 1998, by section 45(b) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 193(2): amended, on 30 June 1998, by section 45(c) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 193(2): amended, on 30 June 1998, by section 45(d) of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 193(2): amended, on 1 May 1981, by section 21 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

194 No action against Justice, or Community Magistrate to be brought in District Court

No action against any Justice or Community Magistrate by any person claiming to have been injured by an act done by the Justice or Community Magistrate in excess of jurisdiction or without jurisdiction shall be brought in a District Court.

Compare: 1927 No 37 s 353

Section 194 heading: replaced, on 30 June 1998, by section 46 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 194 heading: amended, on 20 May 2004, by section 5(1) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 194: amended, on 20 May 2004, by section 5(2) of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 194: amended, on 30 June 1998, by section 46 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 194: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

195 Onus of proof

In any action brought against a Justice or Community Magistrate by a person claiming to have been injured by an act done by the Justice or Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction shall lie upon the person alleging it.

Compare: 1927 No 37 s 365

Section 195: amended, on 20 May 2004, by section 6 of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 195: amended, on 30 June 1998, by section 47 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

196 Plaintiff may be ordered to give security for costs

(1) In any action brought against a Justice or Community Magistrate by a person claiming to have been injured by an act done by the Justice or Community Magistrate in excess of jurisdiction or without jurisdiction, the High Court or any Judge of that court upon application by the Justice or Community Magistrate at any time before the day fixed for the trial of the action, may, at the discretion of the court or Judge, order the plaintiff to give security for the costs of the action to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.

(2) If security is ordered to be given, the court or Judge may direct that in the meantime all proceedings shall be stayed.

Compare: 1927 No 37 ss 357, 359

Section 196(1): amended, on 20 May 2004, by section 7 of the Summary Proceedings Amendment Act 2004 (2004 No 47).

Section 196(1): amended, on 30 June 1998, by section 48 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 196(1): amended, on 1 May 1981, by section 22 of the Summary Proceedings Amendment Act 1980 (1980 No 84).

Section 196(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

196A Indemnity to District Court Judge

[Repealed]

Section 196A: repealed, on 20 May 2004, by section 8 of the Summary Proceedings Amendment Act 2004 (2004 No 47).

197 Indemnity to Justice or Community Magistrate

(1) Any Justice or Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Justice or Community Magistrate in excess of jurisdiction or without jurisdiction shall, on production by him of a certificate signed by a Judge of the High Court stating that in his opinion the Justice or Community Magistrate acted in good faith under the belief that he had in fact jurisdiction, and further that in the opinion of the Judge in all the circumstances he ought fairly and reasonably to be excused, be indemnified by the Crown to the full amount of the judgment.

(2) Where a claim against a Justice or Community Magistrate is settled by the payment by him of, or an agreement by him to pay, an agreed amount for damages or costs before action is commenced against him or before or during trial of the action, he shall be indemnified by the Crown to the full amount paid or agreed to be paid by him, on production of a certificate as aforesaid stating that in the opinion of the Judge the amount paid or agreed to be paid was fair and reasonable:

provided that, if he is not so satisfied, the Judge may issue the certificate in respect of such less sum as in his opinion would have been or would be adequate to settle the plaintiff's claim, and in that case the Justice or Community Magistrate shall be indemnified by the Crown to the amount specified in the certificate.

(3) Application for such a certificate may be made by the Justice or Community Magistrate at any time to a Judge in chambers, and the Judge shall have power to grant the certificate after considering such evidence as may be given before him either orally or in the form of affidavits.

(4) A copy of the application shall be served by the Justice or Community Magistrate on the Attorney-General, who shall be entitled to appear and oppose it.

Section 197 heading: replaced, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(1): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(1): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).

Section 197(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 197(2): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(2): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).

Section 197(2) proviso: amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(2) proviso: amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).

Section 197(3): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(3): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).

Section 197(4): amended, on 30 June 1998, by section 49 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 197(4): amended, on 1 April 1980, by section 3(2) of the Summary Proceedings Amendment Act 1979 (1979 No 126).

Part 8
General provisions

Search

[Repealed]

Heading: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

198 Search warrants

[Repealed]

Section 198: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

198A Procedure where certain documents seized from solicitors' offices

[Repealed]

Section 198A: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

198B Person with knowledge of computer or computer network to assist access

[Repealed]

Section 198B: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

199 Disposal of things seized

[Repealed]

Section 199: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

200 Other enactments as to search warrants not affected

[Repealed]

Section 200: repealed, on 1 October 2012, by section 337(3) of the Search and Surveillance Act 2012 (2012 No 24).

Tracking devices

[Repealed]

Heading: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200A Interpretation

[Repealed]

Section 200A: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200B Application for tracking device warrant

[Repealed]

Section 200B: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200C Issue of tracking device warrant

[Repealed]

Section 200C: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200D Effect of tracking device warrant

[Repealed]

Section 200D: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200E Expiry of warrant

[Repealed]

Section 200E: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200F Renewal of warrant

[Repealed]

Section 200F: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200G Use of tracking device without warrant

[Repealed]

Section 200G: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200H Reports

[Repealed]

Section 200H: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200I Warrant for removal of tracking device

[Repealed]

Section 200I: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200J Agencies to give information to Parliament

[Repealed]

Section 200J: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200K Security of applications for tracking device warrants

[Repealed]

Section 200K: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200L Restriction on production of documents relating to application

[Repealed]

Section 200L: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200M Application for production of documents

[Repealed]

Section 200M: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200N Request for production made in course of proceedings

[Repealed]

Section 200N: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200O Application referred to Judge

[Repealed]

Section 200O: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

200P Judges entitled to inspect relevant documents

[Repealed]

Section 200P: repealed, on 18 April 2012, by section 337(4) of the Search and Surveillance Act 2012 (2012 No 24).

Miscellaneous

201 Amendment of conviction, order, or warrant

(1) Where in any proceedings any conviction, sentence, order, or warrant of a District Court is brought before the High Court, whether on a motion to quash or otherwise, the High Court may, on such terms as to costs and otherwise as it thinks fit, amend the conviction, order, or warrant in any way or may, on such terms as to costs and otherwise as it thinks fit, instead of amending the conviction or order or warrant, remit it for amendment to the District Court by which it was entered, made, or issued, and may thereafter, if it is duly amended, adjudicate upon it as amended.

(2) Where in any case referred to in subsection (1) the High Court finds that the conviction was valid but that the sentence (either in whole or in part) was one which the court imposing it had no jurisdiction to impose, the High Court may quash any invalid part of the sentence that is severable from the residue, or may quash the whole sentence and remit the case to the District Court to enable the defendant to be sentenced or otherwise dealt with according to law.

Compare: 1909 No 13 ss 7, 8, 9, 11

Section 201(1): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 201(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 201(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 201(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

202 Who may take affidavit

An affidavit required for the purposes of this Act may be sworn or affirmed before any District Court Judge or Justice or Community Magistrate or Registrar or before any solicitor of the High Court not engaged in the proceedings.

Compare: 1927 No 37 s 369; 1948 No 20 s 9(1); 1955 No 12 s 4(2)

Section 202: amended, on 30 June 1998, by section 51 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 202: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 202: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

203 Acts not generally to be done on Sunday

(1) Except as provided in subsection (2), no warrant shall be issued or executed, no summons or other document shall be issued or served, and no other act shall be done or proceedings taken, in respect of any matter to which this Act applies, on a Sunday.
(2) The following acts may be done and proceedings taken as effectually on a Sunday as on any other day, namely:
- (a) a warrant to arrest any person charged with any offence may be issued and may be executed:
- (b) a warrant to arrest, or for the appearance of, any person required to give evidence may be issued and may be executed:
- (c) a search warrant may be issued and may be executed:
- (d) any information may be laid or any step taken if it is necessary to enable the issue of any warrant referred to in paragraph (a) or paragraph (b) or paragraph (c):
- (e) a warrant of commitment (except for non-payment of a sum of money) may be executed:
- (f) any arrest authorised to be made without warrant may be made, and any person authorised to be taken into custody without warrant may be taken into custody:
- (g) any person may be granted bail or released on bail:
- (h) any statement may be taken under section 164:
- (i) the evidence of any person may be given and his deposition taken in accordance with the provisions of this Act, if that person is dangerously ill and in the opinion of some medical practitioner not likely to recover from that illness:
- (j) any person may be served with a summons and released under section 19A:
- (k) any person may be served with a summons under section 19B:
- (l) a Registrar or bailiff or constable may exercise any power, duty, or function conferred on him or her under Part 3, or under any regulations made under this Act as far as they relate to Part 3:
- (m) any fine or any other money payable on any conviction or order made by a court may be paid, or may be accepted by any person authorised to accept that payment:
- (n) any act necessary to give effect to a direction under section 88AE(1)(g):
- (na) an informant may provide particulars of a reminder notice under section 21:
- (o) any other act specified in regulations made under this Act as an act that can be done on Sunday.
(3) No act done on a Sunday in breach of the provisions of subsection (1) is invalidated solely on the ground that it was done on a Sunday.

Compare: 1927 No 37 ss 269, 370

Section 203(2)(h): amended, on 29 June 2009, by section 15 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 203(2)(i): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 203(2)(j): inserted, on 17 December 1976, by section 18 of the Summary Proceedings Amendment Act 1976 (1976 No 169).

Section 203(2)(k): replaced, on 11 December 1988, by section 18(2) of the Transport Amendment Act (No 2) 1988 (1988 No 170).

Section 203(2)(l): inserted, on 9 October 2006, by section 28(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 203(2)(m): inserted, on 9 October 2006, by section 28(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 203(2)(n): inserted, on 9 October 2006, by section 28(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 203(2)(n): amended, on 13 February 2012, by section 26 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 203(2)(na): inserted, on 1 March 2007, by section 28(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 203(2)(o): inserted, on 9 October 2006, by section 28(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 203(3): replaced, on 9 October 2006, by section 28(3) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

204 Proceedings not to be questioned for want of form

No information, complaint, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding shall be quashed, set aside, or held invalid by any District Court or by any other court by reason only of any defect, irregularity, omission, or want of form unless the court is satisfied that there has been a miscarriage of justice.

Compare: 1909 No 13 ss 4–6; 1927 No 37 ss 79, 373; 1952 No 41 s 11

Section 204: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

205 Proceedings not invalid because defendant should have been dealt with in Youth Court

(1) No conviction or order or other process or proceeding shall be held invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in a Youth Court.

(2) Where subsection (1) applies, on the application of either party a rehearing of the information may be granted under section 75, and, if at the time appointed for the rehearing the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the court shall remit the proceedings to a Youth Court to be reheard in that court.

Section 205: replaced, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

206 Contempt of court

If any person—
- (a) wilfully insults a District Court Judge or Justice or Community Magistrate or any witness or any officer of the court during his sitting or attendance in court, or in going to or returning from the court; or
- (b) wilfully interrupts the proceedings of a court or otherwise misbehaves in court; or
- (c) wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings,—
any constable or officer of the court, with or without the assistance of any other person, may, by order of the District Court Judge or Justice or Community Magistrate, take the offender into custody and detain him until the rising of the court, and the District Court Judge or Justice or Community Magistrate may, if he thinks fit, by warrant under his hand, order that the offender be committed to prison for any period not exceeding 3 months, or order the offender to pay a fine not exceeding $1,000 for each offence.
Compare: 1927 No 37 ss 71, 376, 377

Section 206: amended, on 30 June 1998, by section 52 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 206: amended, on 13 January 1983, by section 3(a) of the Summary Proceedings Amendment Act (No 2) 1982 (1982 No 131).

Section 206: amended, on 13 January 1983, by section 3(b) of the Summary Proceedings Amendment Act (No 2) 1982 (1982 No 131).

Section 206: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 206(a): amended, on 30 June 1998, by section 52 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 206(a): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

207 Payment and recovery of fees

(1) All fees, except such as may be payable in respect of keeping possession of or for storing or removing or selling goods seized under a warrant, shall be paid in the first instance by the party on whose behalf any proceedings are taken.

(2) Subject to the provisions of subsection (3), no District Court Judge or Justice or Community Magistrate or officer of the court shall do any act for which a fee is payable unless the fee is first paid, but no such act if done shall be invalid by reason only of the non-payment of the fee.

(3) Except as provided in regulations made under this Act, no fee shall be received or demanded from any constable or from any duly appointed officer or employee of the Crown or of any local authority or other statutory public body or Board in respect of proceedings instituted by him in the execution of his duty.

(4) In default of the payment of any fees by the person by whom they are payable in the first instance, the amount shall be recoverable as a debt due to the Crown.

(5) A table of all fees payable shall be kept in the office of every court, and shall be made available for inspection by any person on request.

Compare: 1927 No 37 ss 378(2), 379, 380, 383(2)

Section 207(2): amended, on 30 June 1998, by section 53 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 207(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 207(3): amended, on 1 July 1991, by section 21 of the Weights and Measures Amendment Act 1991 (1991 No 9).

Section 207(3): amended, on 1 November 1987, by section 13 of the Summary Proceedings Amendment Act 1987 (1987 No 165).

208 Payment of money to department

(1) This section applies to—
- (a) all court fees, fines, reparation, costs, and other money payable on an information or complaint or on any conviction or order made by a court; and
- (b) any sum levied by or paid to any constable or a bailiff under any warrant.
(2) A sum referred to in subsection (1) must be paid in the first instance in any of the following ways:
- (a) to any Registrar; or
- (b) to any person nominated by the chief executive of the department for the time being responsible for the administration of this Act as a person who may receive payments under this section; or
- (c) into any trust account administered for the purpose by the department for the time being responsible for the administration of this Act.
(3) Any sum received under this section by any Registrar or person nominated under subsection (2)(b) must be paid by him or her into a trust account administered by the department for the time being responsible for the administration of this Act, where it may be held until it is paid—
- (a) to any person who is entitled to it under any enactment or by any order of the court made under an enactment; or
- (b) into another Departmental Bank Account or a Crown Bank Account, in accordance with the Public Finance Act 1989.
Section 208: replaced, on 9 October 2006, by section 29 of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 208(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

209 Act not to apply to Youth Court unless provided

Except as expressly provided in the Children, Young Persons, and Their Families Act 1989, nothing in this Act shall apply to proceedings in any Youth Court.

Section 209: replaced, on 1 November 1989, by section 449 of the Children, Young Persons, and Their Families Act 1989 (1989 No 24).

209A Chief executive of Ministry of Justice may approve forms

(1) The chief executive of the Ministry of Justice may approve and issue forms that the chief executive considers necessary for the purposes of this Act, not being forms required to be prescribed by regulations made under this Act.
(2) Without limiting subsection (1),—
- (a) more than 1 form may be approved and issued in relation to the same matter; and
- (b) a form may be described by any name that the chief executive considers appropriate even though it relates to a matter that is described by a different name under this Act, so long as the form refers to the appropriate provision of this Act.
(3) Every document purporting to be a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive otherwise certifies.

Section 209A: inserted, on 13 February 2012, by section 44 of the Summary Proceedings Amendment Act 2011 (2011 No 32).

210 Saving of provisions of Customs Act 1913

[Repealed]

Section 210: repealed, on 1 January 1967, by section 311(1) of the Customs Act 1966 (1966 No 19).

211 Rules for proceedings on appeal

(1) Rules regulating the practice and procedure in appeals to the High Court under this Act may be made in the manner in which rules of court are made under the Judicature Act 1908.

(2) Until such rules are made, and so far as they do not extend, the existing practice and procedure in New Zealand shall remain and be in force so far as they are not altered by or inconsistent with the provisions of this Act.

Compare: 1927 No 37 s 343

Section 211: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

212 Rules and regulations

(1) The Governor-General may from time to time, by Order in Council, make all such rules or regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof (not being rules regulating the practice and procedure in appeals to the High Court).
(2) Without limiting the general power to make rules and regulations conferred by this section, rules or regulations may be made under this section—
- (a) prescribing the forms to be used in respect of any proceedings to which this Act applies:
- (b) prescribing the court fees to be paid in respect of any proceedings or any processes to which this Act applies:
- (c) prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:
- (ca) prescribing the fees and charges to be paid for the purposes of this Act:
- (d) prescribing the solicitors' fees payable by parties in proceedings to which this Act applies:
- (daa) providing for documents to be sent in electronic form under section 24(1)(e) or 79A(1)(c), including (without limitation) provisions for the retention of records that evidence the fact that, and the date and time when, such documents were sent to electronic addresses:
- (dab) specifying, for the purposes of section 79A(1)(d), the kinds of documents that may be served by communicating their contents orally, and prescribing any conditions and restrictions for such communications and the ways in which such communications must be made, including any provisions for the recording of such communications and for the retention, custody, disclosure, use, and destruction of such recordings:
- (da) prescribing requirements or other matters in relation to the provision of particulars of reminder notices in electronic form under section 21, and any matters in relation to the verification or processing of those particulars:
- (db) regulating the searching of records of 1 or more of the following:
  - (i) particulars of reminder notices provided under section 21:
  - (ii) the results of any verification processes undertaken under section 21:
  - (iii) reminder notices deemed to have been filed and orders deemed to have been made under section 21:
  - (iv) notices of hearings filed under section 21:
  - (v) applications filed under section 78B:
  - (vi) any related matter:
- (e) prescribing the procedure for the taking of the evidence of witnesses under sections 31, 32, and 174, including provisions for requiring the attendance of witnesses, the answering of questions, and the production of documents:
- (ea) prescribing the factors to be taken into account in deciding, for the purposes of Part 3, whether or not a defendant has or has had sufficient means to pay a sum adjudged to be paid by a conviction:
- (eb) providing for information about proceedings under this Act to be transferred between courts, where that information is relevant to proceedings under the Domestic Violence Act 1995 or the Harassment Act 1997, including (without limitation) provision for such information to be transferred between different courts, or between different divisions of the same court, or between courts exercising civil jurisdiction and courts exercising criminal jurisdiction, or between courts exercising original jurisdiction and courts exercising appellate jurisdiction:
- (ec) amending Schedule 1 by adding offences to, or removing offences from, Part 1 or Part 2 of that schedule:
- (ed) prescribing transitional arrangements for the trial and sentencing of persons charged with offences that are added to or removed from Part 1 or Part 2 of Schedule 1:
- (f) providing for any other matters in respect of which regulations are contemplated under this Act.
(3) [Repealed]

Compare: 1927 No 37 s 378(1); 1948 No 20 ss 2(5), 11

Section 212(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 212(2)(b): amended, on 9 October 2006, by section 30(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(ca): inserted, on 23 July 2011, by section 45(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(daa): inserted, on 23 July 2011, by section 45(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(dab): inserted, on 23 July 2011, by section 45(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(da): inserted, on 9 October 2006, by section 30(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(db): inserted, on 9 October 2006, by section 30(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(ea): inserted, on 23 November 1973, by section 25 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 212(2)(eb): inserted, on 1 July 1996, by section 5 of the Summary Proceedings Amendment Act (No 2) 1995 (1995 No 87).

Section 212(2)(eb): amended, on 1 January 1998, by section 44 of the Harassment Act 1997 (1997 No 92).

Section 212(2)(ec): inserted, on 26 June 2008, by section 13 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 212(2)(ed): inserted, on 26 June 2008, by section 13 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

Section 212(3): repealed, on 19 December 1989, by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).

213 Consequential amendments

The enactments specified in Schedule 3 are hereby amended in the manner indicated in that schedule.

214 Repeals and savings

(1) The enactments specified in Schedule 4 are hereby repealed.

(2) Without limiting the provisions of the Interpretation Act 1999, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

(3) Notwithstanding the repeal of any enactment by this Act, where any notice of appeal has been filed in any office of a court pursuant to any such enactment before the date of the commencement of this Act, and the appeal is not finally determined before that date, the provisions of that enactment shall continue to apply to that appeal in all respects as if this Act had not been passed.

Section 214(2): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).

s 6

Schedule 1 heading: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Part 1
Indictable offences under the Crimes Act 1961

Schedule 1 Part 1: replaced, on 1 January 1962, by section 4(1)(h) of the Summary Proceedings Amendment Act 1961 (1961 No 44).

Section of Act		Offence
Part 5—Crimes against public order
78A		Wrongful communication, retention, or copying of official information
86		Unlawful assembly
87		Riot
91		Forcible entry and detainer
98A		Participation in organised criminal group
Part 6—Crimes affecting the administration of law and justice
107		Contravention of statute
110, 111		Making false oath or statement or declaration
114		Use of purported affidavit or declaration
118		Assisting escape of prisoners of war or internees
119		Breaking prison
120		Escape from lawful custody
121		Assisting escape from lawful custody
122		Assisting escape of mentally disordered person under detention for offence
Part 7—Crimes against religion, morality, and public welfare
124		Distribution or exhibition of indecent matter
125, 126		Indecent acts
129A(2)		Inducing indecent act by threat
130(2)		Incest
131(1)		Sexual connection with dependent family member
131(2)		Attempted sexual connection with dependent family member
131(3)		Indecent act with dependent family member
131B(1)		Meeting young person under 16 following sexual grooming, etc
134(1)		Sexual connection with young person under 16
134(2)		Attempted sexual connection with young person under 16
134(3)		Indecent act on young person under 16
135		Indecent assault
138(1)		Exploitative sexual connection with person with significant impairment
138(2)		Attempted exploitative sexual connection with person with significant impairment
138(4)		Exploitative indecent act with person with significant impairment
144		Indecency with animal
145		Criminal nuisance
146		Keeping place of resort for homosexual acts
150		Misconduct in respect of human remains
Part 8—Crimes against the person
153		Duty of employers to provide necessaries
154		Abandoning child under 6
181		Concealing dead body of child
185		Procuring own miscarriage
186		Supplying means of procuring abortion
189		Injuring with intent
190		Injuring by unlawful act
192		Aggravated assault
193		Assault with intent to injure
194		Assault on a child, or by a male on a female
195		Ill-treatment or neglect of child or vulnerable adult
195A		Failure to protect child or vulnerable adult
196		Common assault
198A(2)		Using any firearm to resist arrest
198B		Commission of crime with firearm
200(2)		Poisoning with intent to cause inconvenience or annoyance
202		Setting traps, etc
202A		Possession of offensive weapons or disabling substances
202C		Assault with weapon
203(2)		Endangering transport without intent to injure
204A		Female genital mutilation
204B		Further offences relating to female genital mutilation
206		Bigamy
207		Feigned marriage
210		Abduction
Part 9A—Crimes against personal privacy
216B		Prohibition on use of listening devices
216C		Prohibition on disclosure of private communications unlawfully intercepted
216D		Prohibition on dealing with listening devices
216F		Unlawful disclosure
216H		Prohibition on making intimate visual recording
216I		Prohibition on possessing intimate visual recording in certain circumstances
216J		Prohibition on publishing, importing, exporting, or selling intimate visual recording
Part 10—Crimes against rights of property
219, 223(a) to (d)		Theft or stealing
220, 223(a) to (d)		Theft by person in special relationship
221, 223(a) to (d)		Theft of animals
226		Conversion of vehicle or other conveyance
227		Being in possession of instrument for conversion
228		Dishonestly taking or using document
229		Criminal breach of trust
230		Taking, obtaining, or copying trade secrets
231		Burglary
232(2)		Aggravated burglary
233		Being disguised or in possession of instrument for burglary
234		Robbery
236(2)		Assault with intent to rob
239(2)		Demanding with intent to steal, etc
240, 241(a) to (c)		Obtaining by deception
242		False statement by promoter, etc
243		Money laundering
246, 247(a) to (c)		Receiving
249		Accessing computer system for dishonest purpose
250		Damaging or interfering with computer system
251		Making, selling, or distributing, or possessing software for committing crime
252		Accessing computer system without authorisation
256		Forgery
257		Using forged documents
258		Altering, concealing, destroying, or reproducing document with intent to deceive
259		Using altered or reproduced document with intent to deceive
260		False accounting
261		Counterfeiting public seals
262		Counterfeiting corporate seals
263		Possessing forged bank notes
264		Paper or implements for forgery
265		Imitating authorised or customary marks
266		Offences involving coinage
267(2) and (3)		Arson
268		Attempted arson
269(2) and (3)		Intentional damage
271		Waste or diversion of electricity, gas, or water
272		Providing explosive to commit crime
Part 11—Threatening, conspiring, and attempting to commit offences
306		Threatening to kill or do grievous bodily harm
307		Threatening to destroy property
308		Threatening acts
309		Conspiring to prevent collection of rates or taxes

Schedule 1 Part 1: amended, on 19 March 2012, by section 11(2) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
Schedule 1 Part 1: amended, on 19 March 2012, by section 11(3) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
Schedule 1 Part 1: amended, on 30 October 2010, by section 4(a) of the Summary Proceedings Amendment Act (No 2) 2010 (2010 No 121).
Schedule 1 Part 1: amended, on 30 October 2010, by section 4(b) of the Summary Proceedings Amendment Act (No 2) 2010 (2010 No 121).
Schedule 1 Part 1: amended, on 30 October 2010, by section 4(c) of the Summary Proceedings Amendment Act (No 2) 2010 (2010 No 121).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(1) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(2)(a) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(2)(b) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(2)(c) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(3) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(a) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(b) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(d) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(e) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(f) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(g) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(h) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 26 June 2008, by section 14(4)(i) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 1: amended, on 27 March 2008, by section 4(1) of the Summary Proceedings Amendment Act 2008 (2008 No 18).
Schedule 1 Part 1: amended, on 5 December 2006, by section 5 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).
Schedule 1 Part 1: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Schedule 1 Part 1: amended, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).
Schedule 1 Part 1: amended, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).
Schedule 1 Part 1: amended, on 28 June 2003, by section 50(1) of the Prostitution Reform Act 2003 (2003 No 28).
Schedule 1 Part 1: amended, on 1 September 1995, by section 10(3) of the Crimes Amendment Act 1995 (1995 No 49).
Schedule 1 Part 1: amended, on 15 December 1994, by section 8 of the Summary Proceedings Amendment Act 1994 (1994 No 161).
Schedule 1 Part 1: amended, on 28 October 1986, by section 2(1) of the Summary Proceedings Amendment Act 1986 (1986 No 73).
Schedule 1 Part 1: amended, on 28 October 1986, by section 2(2) of the Summary Proceedings Amendment Act 1986 (1986 No 73).
Schedule 1 Part 1: amended, on 1 July 1983, by section 5 of the Crimes Amendment Act (No 2) 1982 (1982 No 157).
Schedule 1 Part 1: amended, on 1 February 1982, by section 48(2) of the Summary Offences Act 1981 (1981 No 113).
Schedule 1 Part 1: amended, on 1 May 1981, by section 25(1)(b) of the Summary Proceedings Amendment Act 1980 (1980 No 84).
Schedule 1 Part 1: amended, on 6 August 1979, by section 6 of the Crimes Amendment Act 1979 (1979 No 5).
Schedule 1 Part 1: amended, on 1 April 1970, pursuant to section 129(4) of the Mental Health Act 1969 (1969 No 16).

Part 2
Indictable offences under other enactments

Title of Act	Section of Act	Offence
Adoption Act 1955	27A	Inducing consent to an adoption
Animal Welfare Act 1999	28	Wilful ill-treatment of animals
	28A	Reckless ill-treatment of animals
Animals Act 1967	21	Introduction into New Zealand of any organism causing disease
	38	Wilfully communicating disease
	88	Wrongful alteration of brand or approved mark
	102	Making knowingly false declaration
Antarctica (Environmental Protection) Act 1994	Part 2	Mineral resource activities in Antarctica
Area Health Boards Act 1983	51	Offences in relation to health computer systems
Arms Act 1983	44(1)	Selling or supplying pistol or restricted weapon to person who does not hold permit to import or to procure
	45(1)	Carrying or possession of firearms, airguns, pistols, restricted weapons, or explosives, except for lawful, proper, and sufficient purpose
	46(1)	Carrying of imitation firearm, except for lawful, proper, and sufficient purpose
	50(1)	Unlawful possession of pistol or restricted weapon
	51(1)	Unlawful carriage or possession in public place of firearm, airgun, pistol, ammunition, explosive, or restricted weapon
	53(1)	Causing bodily injury or death by careless use of a firearm, airgun, pistol, or restricted weapon
	53(2)	Leaving loaded firearm, airgun, pistol, or restricted weapon in any place in such circumstances as to endanger life
	53(3)	Without reasonable cause, discharging or otherwise dealing with firearm, airgun, pistol, or restricted weapon in a manner likely to injure or endanger the safety of any person or with reckless disregard for the safety of others
	54	Use or attempted use of firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive to resist or prevent an arrest or commit offence
	55	Carrying firearm, airgun, pistol, imitation firearm, restricted weapon, ammunition, or explosive with criminal intent
Auctioneers Act 1928	38	Misappropriation, or falsifying accounts
Aviation Crimes Act 1972	11	Taking firearms, explosives, etc, on to aircraft
Biosecurity Act 1993	154(f), (g), (h), (i), (j), (k), (l), (m)	Offences relating to dealings with goods in contravention of the Biosecurity Act 1993 and failure to comply with specified provisions of that Act
Births, Deaths, Marriages, and Relationships Registration Act 1995	89(1)(a), (b), (c)	Offences relating to making a false statement or tampering with information under the Births, Deaths, Marriages, and Relationships Registration Act 1995
Building Societies Act 1965	29	Contravention of provisions as to minimum subscription by founding members
	132	Offences in relation to property of building societies
	133	False statements in documents
Burial and Cremation Act 1964	56(3)	Offences as to unlawful cremation
Chateau Companies Act 1977	19	Destroying or altering records
Citizenship Act 1977	27(1), (2)	Offences as to citizenship matters and documents
Civil Union Act 2004	30	Offence to issue licence or solemnise civil union contrary to Act
	31	Offence to purport to solemnise civil union
	32	Offences in connection with false statements relating to civil union
Citizens Initiated Referenda Act 1993	43(4)(a)	Making false returns
	43(4)(b)	Illegal practice regarding returns
Climate Change Response Act 2002	133	Evasion or similar offences
Commerce Act 1975	81F	Offences in relation to monopolies, mergers, and takeovers
	81H(4)	Contravention of order restraining proposed transaction or sale of assets
Companies Act 1955	188A	Certain persons prohibited from managing companies
	189A	Certain persons may be prohibited from managing companies by Registrar
	199K(4)	Certain persons prohibited from managing companies
	199L(7)	Power to restrain certain persons from managing companies
	199N(9)	Registrar may prohibit persons from managing companies
	278	Claims by unsecured creditors
	279	Rights and duties of secured creditors
	461	Making false statements
	461A	Fraudulent application or destruction of property
	461C	Falsification of records
	461D	Fraudulently carrying on business, obtaining credit, or transferring property
Companies Act 1993	304(6)	Claims by unsecured creditors
	305(11)	Rights and duties of secured creditors
	377	False statements
	378	Fraudulent use or destruction of property
	379	Falsification of records
	380	Carrying on business fraudulently
	382(4)	Persons prohibited from managing companies
	383(6)	Court may disqualify directors
	385(9)	Registrar or Financial Markets Authority may prohibit persons from managing companies
Companies Special Investigations Act 1958	28	Destroying or altering records
Compulsory Retirement Savings Scheme Referendum Act 1997	54	Voting papers
Copyright Act 1994	131	Offences relating to making or dealing with infringing objects
Cornish Companies Management Act 1974	22	Destroying or altering records
Coroners Act 1988	43(4)	False statement
Corporations (Investigation and Management) Act 1989	9	Information offences
	17	Hindering inspection
	20(1)	Hindering investigation
	20(2)	Information offences
	23	Information offences
	35(1)	Contravening Registrar
	35(2)	Obstruction
	36	Unauthorised disclosure
	43	Unauthorised removal of assets
	68	Destroying, altering, or concealing records
Credit Contracts and Consumer Finance Act 2003	103(2)	Dealing with land without leave of the High Court
Criminal Investigations (Bodily Samples) Act 1995	77(2)	Offences in respect of DNA profile databank
Criminal Proceeds (Recovery) Act 2009	150	Contravention of restraining orders or foreign restraining orders
	151	Contravention of forfeiture orders or foreign forfeiture orders
	152	Failing to comply with orders and search warrants
	154	Offence to disclose existence or operation of search order
	155	Offence of obstruction
Customs and Excise Act 1996	182	Unauthorised access to or improper use of Customs computerised entry processing system
	183	Interference with Customs computerised entry processing system
	205(5)	Offences in relation to records
	209(1A)	Offences relating to importation or exportation of objectionable publications
Designs Act 1953	42	Offences in respect of designs required to be kept secret
	43	Falsification of register of designs, etc
Distillation Act 1908	126	Stealing spirits from distillery, etc
	127	Obstructing officer
	128	Assaulting or resisting officer
District Courts Act 1947	116A	False statement of service of documents
Domestic Violence Act 1995	49(2)	Contravening protection order
Electoral Act 1993	204F	Election advertisement to include promoter statement
	204G	Publication of candidate advertisement promoting candidate
	204H	Publication of party advertisement promoting party
	215	Personation
	216	Bribery
	217	Treating
	218	Undue influence
	219	Payments for exhibition of election notices
	220	Providing money for illegal purposes
	221A	Electoral advertisements
	222	Procurement of voting by unqualified voters
Electoral Referendum Act 2010	66(c)	Contravening requirement for referendum advertisement to include promoter statement
Electronic Identity Verification Act 2012	60	Offences relating to Service information and material
	61	Offence relating to improper issue
	62	Offences relating to improper access and use
	63	Offences involving statements or documentation
Films, Videos, and Publications Classification Act 1993	124(1)	Offences involving knowledge in relation to objectionable publications
	127(4)	Offence of exhibiting or displaying objectionable publication to person under age of 18 years knowing or having reasonable cause to believe that publication is objectionable
	131A(1)	Offences relating to possession of objectionable publications and involving knowledge
Finance Act 1915	65	Bribing officer of Customs. Officer accepting bribe or conniving at offence
Financial Advisers Act 2008	137E	Contravening banning order
	137J	Breaching orders
Financial Reporting Act 1993	41	False statements
Fisheries Act 1908	63	Removing boundary marks of oyster bed
Fisheries Act 1996	231(1) and (2)	Knowingly making a false or misleading statement or using a false document to obtain a benefit
	233(1)	Knowingly receiving or possessing fish for sale or engaging in a commercial activity, otherwise than in accordance with the Act
	296B(5)	Approved service delivery organisation knowingly falsifying information
	296ZC(3)(b) or (c)	Approved service delivery organisation knowingly supplying false or misleading information, or knowingly omitting material particular in information supplied to Minister
Food Act 1981	11AA	Contravention of Act, etc, knowing that will create risk to human health
Friendly Societies Act 1909	75	Wrongful supply of rules of society or branch
Gambling Act 2003	353	Offences involving counterfeit chips
Harbours Act 1950	247	Wilful damage to works
Health Act 1956	69ZZR(1)	Offences against sections in Part 2A
	69ZZT	Offences involving deception
Human Assisted Reproductive Technology Act 2004	8(1)	Taking an action described in Schedule 1
	8(2)	Importing or exporting an in vitro gamete, any kind of in vitro embryo or in vitro foetus, or in vitro being formed by an action described in Schedule 1
	8(3)	Possessing a gamete, any kind of embryo or foetus, or being formed by an action described in Schedule 1
Immigration Act 2009	342(1)(b)	Using false or misleading document or information
	343(1)(a)	Assisting person to be or remain unlawfully in New Zealand, or breach visa conditions
	343(1)(b)	Assisting person to unlawfully enter New Zealand
	343(1)(c)	Assisting completion of arrival document in false or misleading manner
	345	Improper use of document relating to another person or forged or fraudulently obtained
	348	Modifying form after completion and signing
Immigration Advisers Licensing Act 2007	63(1)(a)	Provision of immigration advice unless licensed or exempt
	64(1)	Holding out as immigration adviser unless licensed or exempt
	65(1)	Holding out as licensed immigration adviser
	67(1)(a)	Asking for or receiving fee or reward for immigration advice when neither licensed nor exempt
	68(1)(a)	Employing or contracting unlicensed or non-exempt person as immigration adviser
Industrial and Provident Societies Act 1908	15(c)(iii)	False declaration
Insolvency Act 1967	128A	Offence by undischarged bankrupt
Insolvency Act 2006	419 to 428, 430	Offences by bankrupt
Inspector-General of Intelligence and Security Act 1996	28	Unauthorised making or disclosure of records
Intelligence and Security Committee Act 1996	20	Unauthorised making or disclosure of records
Land Drainage Act 1908	82	Wilful damage to works
Land Transfer Act 1952	225	Fraudulently procuring certificate of title, etc
	226	Forging seal of Registrar, etc
	228A	Fraudulent removal of records
Land Transport Act 1998	32(4)	Driving while disqualified or contrary to alcohol interlock licence, zero alcohol licence, or limited licence or while licence suspended or revoked
	36(1)	Reckless or dangerous driving causing injury or death, or failing to stop and render assistance after person injured or killed
	36AA	Causing death of another person
	36A(1) (a) and (2)	Operating a motor vehicle in a race or unnecessary exhibition of speed or acceleration in contravention of section 22A(1), and by that act or omission causing an injury to or the death of another person
	36A(1)(c) and (2)	Without reasonable excuse, operating a motor vehicle in a manner that causes it to undergo sustained loss of traction in contravention of section 22A(3), and by that act or omission causing an injury to or the death of another person
	39(1)	Causing injury or death while carelessly using vehicle
	56(4)	Contravening specified breath or blood-alcohol limit
	57AA(4)	Driving or attempting to drive a motor vehicle on a road while the proportion of alcohol exceeds specified micrograms of alcohol per litre of breath
	57AA(5)	Driving or attempting to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood exceeds specified milligrams of alcohol per 100 millilitres of blood
	58(3)	Driving while under influence of drink or drug to such an extent as to be incapable of proper control of vehicle
	60(3)	Failing or refusing to allow blood specimen to be taken
	61(1)	Causing bodily injury or death while in charge of a motor vehicle and having breath alcohol exceeding 400 micrograms of alcohol per litre of breath or blood alcohol exceeding 80 milligrams of alcohol per 100 millilitres of blood
	61(2)	Causing bodily injury or death while in charge of a motor vehicle and while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle, or with blood containing evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975 (except thalidomide)
	62(1)	Causing bodily injury or death while carelessly driving a motor vehicle (in a manner that is not an offence against section 61) and while under the influence of drink or a drug, or both, or with blood containing evidence of the use of a controlled drug specified in Schedule 1 of the Misuse of Drugs Act 1975 (except thalidomide)
	62(1B)	Causing bodily injury or death by driving or attempting to drive with blood containing evidence of use of qualifying drug
	62(1B)	Causing bodily injury or death by driving or attempting to drive with blood containing evidence of use of drugs or prescription medicine
Local Electoral Act 2001	123 and 124	Offences in respect of official documents and voting offences
Local Government Act 2002	232(2)	Wilful or malicious destruction, damage, stopping, obstruction, or interference with works or property vested in, or under the control of, a local authority
Marriage Act 1955	58	Unlawful solemnisation of marriage
	59	Falsely pretending to be officiating minister
	60	False statements, etc
Mental Health (Compulsory Assessment and Treatment) Act 1992	114	Neglect or ill-treatment of proposed patients and patients
Merchandise Marks Act 1954	18	Contravention of Act
Misuse of Drugs Act 1975	6	Dealing with controlled drugs, but only where the charge relates to a Class C controlled drug
	9	Cultivation of prohibited plants
	10	Aiding offences against corresponding law of another country, but only in a case to which subsection(2)(b) applies
	11	Theft, etc, of controlled drugs
	12	Use of premises or vehicle
	12A	Equipment, material, and substances used in production or cultivation of controlled drugs
	12AB	Offence to knowingly import or export precursor substances for unlawful use
	12B	Laundering proceeds of drug offences
Motor-Vehicle Dealers Act 1958	24	Offences in respect of money received as agent
Naval and Victualling Stores Act 1908	4	Destroying marks with intent to steal stores
	5(1)	Knowingly receiving or selling marked stores
New Zealand Security Intelligence Service Act 1969	12A	Unauthorised disclosure of information
Passports Act 1992	29A	Forged and false New Zealand travel documents
	30	Offences relating to passport information and material
	30A	Improper issue of New Zealand travel document
	31(1)	Other offences
	31(2)	Defacing or destroying document
	32	False representations
Patents Act 1953	25(6)	Breach of secrecy as to certain inventions
	26(8)	Unlawful publication of information as to inventions relating to atomic energy
	105	Falsification of register of patents
Police Offences Act 1927	53A	Unlawfully carrying offensive weapon in a public place
Prostitution Reform Act 2003	23	Offence to breach prohibitions on use in prostitution of persons under 18 years
Protection of Personal and Property Rights Act 1988	45(3)	False statement
Public Service Investment Society Management Act (No 2) 1979	22	Destroying or altering records
Referenda (Postal Voting) Act 2000	68(2)	Voting papers
Reserve Bank of New Zealand Act 1989	29	Making or issuing of other bank notes or coins
	176	Offence against Act
Residential Tenancies Act 1986	106	Giving false evidence
Sales Tax Act 1932–33	46	Making false declaration
Search and Surveillance Act 2012	173	Failing to comply with examination order
	174	Failing to comply with production order
Secret Commissions Act 1910	3	Gifts to agent without consent of principal an offence
	4	Acceptance of such gifts by agent an offence
	5	Duty of agent to disclose pecuniary interest in contract
	6	Giving false receipt, invoice, etc, to agent an offence
	7	Delivery of false receipt, etc, to principal an offence
	8	Receiving secret reward for procuring contracts an offence
	9	Aiding and abetting offences
	10	Offences by person acting on behalf of agents
Securities Act 1978	60C	Offence of contravening management banning order
	60E	Persons automatically banned from management
	60K	Offence of contravening order to preserve assets
Securities Markets Act 1988	8F	Criminal liability for insider conduct
	11A	Criminal liability for false or misleading statement or information
	11D	Criminal liability for false or misleading appearance of trading, etc
	39	Dealers in futures contracts must be authorised
	43H	Offence of contravening management banning order
	43I	Persons automatically banned from management
	43M	Offence of contravening investment adviser or broker banning order
	43N	Persons automatically banned from investment adviser or broker activities
	43T	Offence of contravening order to preserve assets
Serious Fraud Office Act 1990	45	Offences as to obstructing investigation, etc
	46	Offence to destroy, alter, or conceal records, etc
Shipping and Seamen Act 1952	63	Offences as to discharge of seamen
	115	Fraudulently obtaining property of deceased seamen or seamen left abroad
	118	Forcing seamen ashore
	119(3)	Contravention of provisions as to leaving seamen behind abroad
	163	Misconduct endangering ship or life
	177(9)	Offences as to official log books
	181(10)	Offences as to engine room log books
	287(3)	Failure to observe collision regulations
	289(2)	Failure to render assistance after collision
	297(7)	Failure to assist craft or persons in distress at sea
	298(12)	Misrepresenting the nature of dangerous goods
	302(1), (2)	Sending unseaworthy ship on a voyage
	354(1)	Offences in respect of wreck
	368(7)	Forgery in salvage claims
	494(4)	Offences as to documents produced in evidence
	498(2)	Obstructing service of documents
	503(1)	Forging and misusing documents, etc
Soil Conservation and Rivers Control Act 1941	154	Wilful damage to watercourse or works
Summary Proceedings Act 1957	29(2)	False statement of service
	181(5)	False statement of service
Takeovers Act 1993	44C	Criminal liability for false or misleading statement or information
	44H	Offence of contravening management banning order
	44J	Persons automatically banned from management
	44P	Offence of contravening order to preserve assets
Tax Administration Act 1994	143A(1)(d)	Knowledge offences
	143B(1) and (2)	Evasion or similar offence
Trade in Endangered Species Act 1989	44(1)(a)	Trading in specimen of endangered species without appropriate permit or certificate
	44(1)(b)	Trading in specimen of threatened species without appropriate permit or certificate
	45(1)	Unlawful possession of specimen of endangered or threatened species
Trade Marks Act 2002	120 to 124	Offences relating to counterfeiting or falsely using registered trade marks
Trade Unions Act 1908	29	Circulating false copies of rules, etc
Trustee Companies Management Act 1975	20	Destroying or altering records
Veterinary Surgeons Act 1956	22	Offences as to registration

Schedule 1 Part 2: amended, on 2 April 2013, by section 76 of the Electronic Identity Verification Act 2012 (2012 No 123).
Schedule 1 Part 2: amended, on 1 October 2012, by section 337(5) of the Search and Surveillance Act 2012 (2012 No 24).
Schedule 1 Part 2: amended, on 10 September 2012, by section 100(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Schedule 1 Part 2: amended, on 17 August 2011, by section 7(2) of the Adoption Amendment Act 2011 (2011 No 60).
Schedule 1 Part 2: amended, on 1 July 2011, by section 50 of the Financial Advisers Amendment Act 2010 (2010 No 40).
Schedule 1 Part 2: amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Schedule 1 Part 2: amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Schedule 1 Part 2: amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).
Schedule 1 Part 2: amended, on 1 February 2011, by section 241(2) of the Insurance (Prudential Supervision) Act 2010 (2010 No 111).
Schedule 1 Part 2: amended, on 1 January 2011, by section 82 of the Electoral Referendum Act 2010 (2010 No 139).
Schedule 1 Part 2: amended, on 1 January 2011, by section 41(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
Schedule 1 Part 2: amended, on 1 January 2011, by section 41(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
Schedule 1 Part 2: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Schedule 1 Part 2: amended, on 7 July 2010, by section 10(1) of the Animal Welfare Amendment Act 2010 (2010 No 93).
Schedule 1 Part 2: amended, on 1 December 2009, by section 214(1) of the Criminal Proceeds (Recovery) Act 2009 (2009 No 8).
Schedule 1 Part 2: amended, on 1 December 2009, by section 214(2) of the Criminal Proceeds (Recovery) Act 2009 (2009 No 8).
Schedule 1 Part 2: amended, on 16 November 2009, by section 173 of the Real Estate Agents Act 2008 (2008 No 66).
Schedule 1 Part 2: amended, on 28 October 2009, by section 7(2) of the Domestic Violence Amendment Act 2009 (2009 No 43).
Schedule 1 Part 2: amended, on 1 July 2009, by section 11(2)(a) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
Schedule 1 Part 2: amended, on 1 July 2009, by section 11(2)(b) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
Schedule 1 Part 2: amended, on 1 March 2009, by section 16 of the Electoral Amendment Act 2009 (2009 No 1).
Schedule 1 Part 2: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Schedule 1 Part 2: amended, on 26 September 2008, by section 56(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Schedule 1 Part 2: amended, on 1 July 2008, by section 19 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(a) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(b) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(c) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(d) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(e) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(f) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(g) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(i) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(j) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(k) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 26 June 2008, by section 14(5)(l) of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).
Schedule 1 Part 2: amended, on 4 May 2008, by section 97 of the Immigration Advisers Licensing Act 2007 (2007 No 15).
Schedule 1 Part 2: amended, on 27 March 2008, by section 4(2) of the Summary Proceedings Amendment Act 2008 (2008 No 18).
Schedule 1 Part 2: amended, on 29 February 2008, by section 14 of the Securities Markets Amendment Act 2006 (2006 No 47).
Schedule 1 Part 2: amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Schedule 1 Part 2: amended, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).
Schedule 1 Part 2: amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82).
Schedule 1 Part 2: amended, on 22 June 2005, by section 23 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Schedule 1 Part 2: amended, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).
Schedule 1 Part 2: amended, on 21 April 2005, by section 16 of the Citizenship Amendment Act 2005 (2005 No 43).
Schedule 1 Part 2: amended, on 1 April 2005, by section 103(4) of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).
Schedule 1 Part 2: amended, on 22 February 2005, by section 46(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
Schedule 1 Part 2: amended, on 22 February 2005, by section 46(2) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
Schedule 1 Part 2: amended, on 22 November 2004, by section 87 of the Human Assisted Reproductive Technology Act 2004 (2004 No 92).
Schedule 1 Part 2: amended, on 7 July 2004, by section 30 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).
Schedule 1 Part 2: amended, on 1 July 2004, by section 374 of the Gambling Act 2003 (2003 No 51).
Schedule 1 Part 2: amended, on 15 April 2004, by section 53 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Schedule 1 Part 2: amended, on 21 August 2003, by section 48(1) of the Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46).
Schedule 1 Part 2: amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).
Schedule 1 Part 2: amended, on 28 June 2003, by section 50(1) of the Prostitution Reform Act 2003 (2003 No 28).
Schedule 1 Part 2: amended, on 2 May 2003, by section 11(1) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Schedule 1 Part 2: amended, on 18 June 2002, by section 12(1) of the Passports Amendment Act 2002 (2002 No 24).
Schedule 1 Part 2: amended, on 1 May 2002, by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
Schedule 1 Part 2: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Schedule 1 Part 2: amended, on 15 November 2000, by section 81 of the Referenda (Postal Voting) Act 2000 (2000 No 48).
Schedule 1 Part 2: amended, on 1 April 2000, by section 77 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).
Schedule 1 Part 2: amended, on 1 January 2000, by section 194 of the Animal Welfare Act 1999 (1999 No 142).
Schedule 1 Part 2: amended, on 9 September 1999, by section 87(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
Schedule 1 Part 2: amended, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Schedule 1 Part 2: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).
Schedule 1 Part 2: amended, on 3 June 1998, by section 5 of the Summary Proceedings Amendment Act 1998 (1998 No 61).
Schedule 1 Part 2: amended, on 12 May 1998, by section 13 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).
Schedule 1 Part 2: amended, on 1 April 1998, by section 62(1) of the Postal Services Act 1998 (1998 No 2).
Schedule 1 Part 2: amended, on 23 January 1998, by section 56(2) of the Antarctica (Environmental Protection) Act 1994 (1994 No 119).
Schedule 1 Part 2: amended, on 26 November 1997, by section 127(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
Schedule 1 Part 2: amended, on 29 May 1997, by section 64 of the Compulsory Retirement Savings Scheme Referendum Act 1997 (1997 No 13).
Schedule 1 Part 2: amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).
Schedule 1 Part 2: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Schedule 1 Part 2: amended, on 12 August 1996, by section 82 of the Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55).
Schedule 1 Part 2: amended, on 26 July 1996 (applying with respect to the 1997–98 income year and subsequent years), by section 2(1)(b) of the Summary Proceedings Amendment Act 1996 (1996 No 66).
Schedule 1 Part 2: amended, on 26 July 1996 (applying with respect to the 1997–98 income year and subsequent years), by section 2(1)(c) of the Summary Proceedings Amendment Act 1996 (1996 No 66).
Schedule 1 Part 2: amended, on 2 July 1996, by section 28(6) of the Inspector-General of Intelligence and Security Act 1996 (1996 No 47).
Schedule 1 Part 2: amended, on 2 July 1996, by section 20(4) of the Intelligence and Security Committee Act 1996 (1996 No 46).
Schedule 1 Part 2: amended, on 1 July 1996, by section 28 of the Food Amendment Act 1996 (1996 No 41).
Schedule 1 Part 2: amended, on 1 July 1996, by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
Schedule 1 Part 2: amended, on 1 July 1996, by section 6 of the Summary Proceedings Amendment Act (No 2) 1995 (1995 No 87).
Schedule 1 Part 2: amended, on 1 January 1995, by section 236(2) of the Copyright Act 1994 (1994 No 143).
Schedule 1 Part 2: amended, on 1 July 1994, by section 64 of the Companies Amendment Act 1993 (1993 No 108).
Schedule 1 Part 2: amended, on 1 July 1994, by section 46 of the Financial Reporting Act 1993 (1993 No 106).
Schedule 1 Part 2: amended, on 1 July 1994, by section 396 of the Companies Act 1993 (1993 No 105).
Schedule 1 Part 2: amended, on 1 July 1993, by section 129(1) of the Privacy Act 1993 (1993 No 28).
Schedule 1 Part 2: amended, on 1 July 1993, by section 32 of the Hospitals Amendment Act 1993 (1993 No 26).
Schedule 1 Part 2: amended, on 29 October 1992, by section 88(3) of the Ship Registration Act 1992 (1992 No 89).
Schedule 1 Part 2: amended, on 12 August 1991, by section 13 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
Schedule 1 Part 2: amended, on 3 July 1990, by section 54 of the Serious Fraud Office Act 1990 (1990 No 51).
Schedule 1 Part 2: amended, on 16 June 1988, by section 37(8) of the Plant Variety Rights Act 1987 (1987 No 5).
Schedule 1 Part 2: amended, on 1 September 1987, by section 41(3) of the Building Societies Amendment Act 1987 (1987 No 175).
Schedule 1 Part 2: amended, on 1 August 1987, by section 29(2) of the Shipping and Seamen Amendment Act 1987 (1987 No 184).
Schedule 1 Part 2: amended, on 1 August 1987, by section 7 of the Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172).
Schedule 1 Part 2: amended, on 1 February 1987, by section 144(3) of the Residential Tenancies Act 1986 (1986 No 120).
Schedule 1 Part 2: amended, on 6 June 1986, by section 5(2) of the Area Health Boards Amendment Act 1986 (1986 No 16).
Schedule 1 Part 2: amended, on 1 June 1984, by section 75 of the Arms Act 1983 (1983 No 44).
Schedule 1 Part 2: amended, on 1 September 1983, by section 75(3) of the Securities Act 1978 (1978 No 103).
Schedule 1 Part 2: amended, on 1 June 1982, by section 48(1)(i) of the Credit Contracts Act 1981 (1981 No 27).
Schedule 1 Part 2: amended, on 1 May 1981, by section 25(2) of the Summary Proceedings Amendment Act 1980 (1980 No 84).
Schedule 1 Part 2: amended, on 1 April 1980, pursuant to section 2(3) of the District Courts Amendment Act 1979 (1979 No 125).
Schedule 1 Part 2: amended, on 1 April 1980, by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).
Schedule 1 Part 2: amended (with effect at 9 pm on 28 June 1979), on 5 July 1979, by section 22(3) of the Public Service Investment Society Management Act (No 2) 1979 (1979 No 9).
Schedule 1 Part 2: amended, on 16 November 1977, by section 7(2) of the New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50).
Schedule 1 Part 2: amended (with effect at 7.30 pm on 8 June 1977), on 9 June 1977, by section 19(3) of the Chateau Companies Act 1977 (1977 No 4).
Schedule 1 Part 2: amended, on 1 June 1977, by section 28(3) of the Misuse of Drugs Act 1975 (1975 No 116).
Schedule 1 Part 2: amended, on 7 December 1976, by section 23(2) of the Commerce Amendment Act 1976 (1976 No 67).
Schedule 1 Part 2: amended (with effect at 7.30 pm on 14 August 1975), on 15 August 1975, by section 20(3) of the Trustee Companies Management Act 1975 (1975 No 25).
Schedule 1 Part 2: amended (with effect at 7.30 pm on 2 July 1974), on 3 July 1974, by section 22(3) of the Cornish Companies Management Act 1974 (1974 No 27).
Schedule 1 Part 2: amended, on 1 April 1973, by section 100(1) of the Fire Services Act 1972 (1972 No 119).
Schedule 1 Part 2: amended, on 1 January 1971, by section 170(1) of the Insolvency Act 1967 (1967 No 54).
Schedule 1 Part 2: amended, on 16 November 1967, by section 108(2)(a) of the Animals Act 1967 (1967 No 50).
Schedule 1 Part 2: amended, on 16 November 1967, by section 108(2)(b) of the Animals Act 1967 (1967 No 50).
Schedule 1 Part 2: amended, on 1 June 1966, by section 5(7) of the Narcotics Act 1965 (1965 No 45).
Schedule 1 Part 2: amended, on 1 January 1966, by section 134 of the Building Societies Act 1965 (1965 No 22).
Schedule 1 Part 2: amended, on 1 April 1965, by section 56(4) of the Burial and Cremation Act 1964 (1964 No 75).
Schedule 1 Part 2: amended, on 1 June 1963, by section 301(1) of the Sale of Liquor Act 1962 (1962 No 139).
Schedule 1 Part 2: amended, on 1 January 1962, by section 4(1)(i) of the Summary Proceedings Amendment Act 1961 (1961 No 44).
Schedule 1 Part 2: amended, on 1 December 1961, by section 73(1) of the Waimakariri - Ashley Water Supply Act 1961 (1961 No 131).
Schedule 1 Part 2: amended, on 1 December 1961, by section 14(15) of the Reserves and Other Lands Disposal Act 1961 (1961 No 128).
Schedule 1 Part 2: amended, on 1 January 1959, by section 24(2) of the Motor-Vehicle Dealers Act 1958 (1958 No 112).
Schedule 1 Part 2: amended, on 18 September 1958, by section 28(3) of the Companies Special Investigations Act 1958 (1958 No 23).

Schedule 2
Forms of information

Schedule 2: replaced, on 15 December 1994, by section 9 of the Summary Proceedings Amendment Act 1994 (1994 No 161).

s 15

I, [full name], of [address, occupation], say on oath that (*I have just cause to suspect, and do suspect, that) (*within the previous (6) months, namely) on [date], at [place], [full name], of [address, occupation], *who was born on [date], [here set out the substance of the offence or matter of complaint] (*being an offence punishable summarily). [Here add section and statute applicable.]

Signature:

(informant or complainant)

Sworn before me at: [place, date]

Signature:

(District Court Judge, Justice of the Peace, Community Magistrate, Registrar (not being a constable))

*Delete if inapplicable.

Schedule 2 form 1: amended, on 30 June 1998, by section 54 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

s 145(2)

I, [full name], of [address, occupation], say on oath that I have just cause to suspect, and do suspect, that at [place] on [date] [full name], of [address, occupation], *who was born on [date], [here set out the nature of the offence], being an indictable offence. [Here add section and statute applicable.]

Signature:

(informant)

Sworn before me at: [place, date]

Signature:

(District Court Judge, Justice of the Peace, Community Magistrate, Registrar (not being a constable))

*Delete if inapplicable.

Schedule 2 form 2: amended, on 30 June 1998, by section 54 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

s 114A(3)

Schedule 2A: inserted, on 30 June 1998, by section 55 of the Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77).

Section 107

By omitting subsection (1), and substituting the following subsection:

“(1) Where any information or complaint has been determined by a District Court presided over by a Community Magistrate or 2 or more Community Magistrates, either party may, if dissatisfied with the determination as being erroneous in point of law, appeal to a District Court presided over by a District Court Judge by way of case stated for the opinion of that court on a question of law only.”

By omitting from subsections (3) and (4) the words “District Court Judge or Justice or Justices” wherever they appear, and substituting in each case the words “Community Magistrate or Community Magistrates”.

By omitting from subsection (5) the words “the District Court Judge or any Justice”, and substituting the words “any Community Magistrate”.

By omitting subsections (6) and (7), and substituting the following subsections:

“(6) Where the case has been settled and signed, the Registrar shall make a copy of the case available to each party.

“(7) The Registrar shall set the case down for hearing on the first practicable sitting day and shall notify the parties to the appeal of the time and place appointed for the hearing.”

By omitting from subsection (8) the words “District Court Judge or Justice or Justices”, and substituting the words “Community Magistrate or Community Magistrates”.

Section 109

By omitting this section, and substituting the following section:

“109 Frivolous appeals

“(1) If the Community Magistrate or Community Magistrates are of the opinion that the appeal is merely frivolous, but not otherwise, the Community Magistrate or Community Magistrates may refuse to state a case, and shall, on the request of the applicant for the case, sign and deliver to the applicant a certificate of that refusal.

“(2) Where the Community Magistrate or Community Magistrates refuse to state a case, the applicant for the case may apply to a court presided over by a District Court Judge for an order requiring the Community Magistrate or Community Magistrates to state a case. A copy of the application shall be served on the Community Magistrate or Community Magistrates and on the other party, and any such Community Magistrate and that other party may appear and be heard.

“(3) The District Court to which an application under subsection (2) is made may, if it thinks fit, make an order requiring the Community Magistrate or Community Magistrates to state a case, and the Community Magistrate or Community Magistrates on being served with the order shall state a case accordingly. Costs may be allowed on the application, but shall not be allowed against any Community Magistrate.”

Section 111

By omitting this section, and substituting the following section:

“111 Case may be sent back for amendment

A District Court presided over by a District Court Judge may, if it thinks fit, cause a case stated to be sent back for amendment, and it shall be the duty of the Community Magistrate or Community Magistrates to amend the case accordingly and return it to the District Court.”

Section 112

By omitting the words “The High Court shall”, and substituting the words “A District Court presided over by a District Court Judge shall”.

By omitting paragraph (b), and substituting the following paragraph:

“(b) remit the matter to the Community Magistrate or Community Magistrates with the opinion of the District Court thereon; or”.

Section 113

By omitting this section, and substituting the following section:

“113 Appeal on point of law may be removed into High Court

A District Court presided over by a District Court Judge may order the removal into the High Court of any case transmitted to that District Court under section 107, and on the removal the High Court shall have the same power to adjudicate on the proceedings as that District Court had.”

Section 114

By omitting the words “the High Court against”, and substituting the words “a District Court presided over by a District Court Judge against”.

By omitting the words “the High Court grants”, and substituting the words “such a District Court grants”.

Section 115

By inserting in subsection (1), after the words “District Court”, the words “presided over by a Community Magistrate or Community Magistrates”.

By omitting from subsection (1) the words “the High Court”, and substituting the words “a District Court presided over by a District Court Judge”.

Section 115A (as inserted by section 5(1) of the Summary Proceedings Amendment Act 1969)

By inserting in subsection (1), after the words “a District Court”, the words “presided over by a Community Magistrate or Community Magistrates”.

By omitting from subsection (1) the words “the High Court”, and substituting the words “a District Court presided over by a District Court Judge”.

By omitting from subsection (3) the words “by the High Court”, and substituting the words “by a District Court presided over by a District Court Judge”.

By omitting the words “of the High Court”, and substituting the words “of the District Court”.

Section 115B (as inserted by section 12(1) of the Summary Proceedings Amendment Act 1976)

By omitting the words “the High Court”, and substituting the words “a District Court presided over by a District Court Judge”.

Section 115C (as inserted by section 2 of the Summary Proceedings Amendment Act (No 5) 1985)

By omitting this section, and substituting the following section:

“115C Rights of appeal against decisions relating to publication of reports of proceedings or identifying particulars

“(1) Where a District Court presided over by 1 or more Community Magistrates makes a decision on an application for an order under section 200, 202, or 205 of the Criminal Procedure Act 2011 forbidding publication of any report of the proceedings or of any identifying particulars, the applicant for the order or the informant may appeal to a District Court presided over by a District Court Judge against the decision.

“(2) Where the decision of the District Court presided over by 1 or more Community Magistrates is to refuse to make the order sought, that District Court must, on being satisfied that an appeal against that decision is to be brought under this section, make an interim order to the effect sought by the applicant; and that interim order continues in force—

“(a) until the expiry of the period prescribed by section 116 for the filing of notice of the appeal; or

“(b) if notice of the appeal is filed within that prescribed period, until the appeal is finally disposed of, or withdrawn, or abandoned.

“(3) The provisions of sections 116 to 144, as far as they are applicable and with the necessary modifications, apply to any such appeal as if the decision of the District Court presided over by 1 or more Community Magistrates were an order made on sentence.”

Section 115D

[Repealed]

Section 115E

[Repealed]

Section 116(2)

By omitting the words “District Court Judge or Justice or Justices”, and substituting the words “Community Magistrate or Community Magistrates”.

Section 117

By omitting this section.

Section 118

By omitting this section, and substituting the following section:

“118 Setting down appeal for hearing

The Registrar who receives the notice of appeal—

“(a) must set the appeal down for hearing before a District Court Judge on the first practicable sitting day; and

“(b) must notify, or cause to be notified, the parties to the appeal of the time and place appointed for the hearing.”

Section 119

By omitting this section, and substituting the following section:

“119 Procedure on appeal

“(1) All general appeals must be by way of rehearing.

“(2) Where any question of fact is involved in any appeal, the evidence which was taken in the District Court presided over by 1 or more Community Magistrates and which bears on the question must, unless the District Court hearing the appeal otherwise directs, be brought before the District Court hearing the appeal as follows:

“(a) as to any evidence given orally, by the production of any note made by the Community Magistrate or Community Magistrates or such other materials as the District Court hearing the appeal considers expedient:

“(b) as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and of such of the exhibits as may have been forwarded by the Registrar of the court appealed from and by the production by the parties to the appeal of such exhibits as are in their custody:

“(c) as to any evidence taken under section 31 (which relates to taking the evidence of a defence witness at a distance) or under section 32 (which relates to taking the evidence of a person about to leave the country), or to any statement admitted under section 33 (which relates to the admissibility of a statement made by a person who is seriously ill), by the production of a copy of that evidence or statement:

“provided that the District Court hearing the appeal may in its discretion rehear the whole or any part of the evidence, and must rehear the evidence of any witness if the court has reason to believe that any note of the evidence of that witness made by the Community Magistrates or Community Magistrates is or may be incomplete in any material particular.

“(3) The District Court hearing the appeal has full discretionary power to hear and receive further evidence, if that further evidence could not in the circumstances have reasonably been adduced at the hearing, and for that purpose has the same jurisdiction and authority to make any order under section 31 or section 32 as the court from whose decision the appeal is made.”

Section 120

By omitting the words “High Court”, and substituting the words “District Court hearing the appeal”.

Section 121

By omitting from subsection (1) the words “The High Court”, and substituting the words “A District Court presided over by a District Court Judge”.

By omitting from subsections (2) to (7) the words “the High Court” wherever they appear, and substituting in each case the words “a District Court presided over by a District Court Judge”.

Section 123

By omitting this section, and substituting the following section:

“123 Powers of District Court Judge as to extension of time

“(1) Any District Court Judge may, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this Part for the filing of any notice or the stating of any case or the doing of any other thing in respect of any appeal or proposed appeal to a District Court presided over by a District Court Judge.

“(2) Any appellant or intending appellant may at any time apply to a District Court Judge to review any decision of a Community Magistrate or Community Magistrates refusing an extension of time for the stating of a case under this Part. On any such application a District Court Judge may, in his or her discretion, confirm the decision, or reverse it and allow such extension of time as he or she thinks fit.”

Section 124

By omitting from subsections (2), (4), and (5) the words “District Court Judge or Justice or Justices have certified that it has not been prosecuted or the Registrar of the High Court” wherever they appear, and substituting in each case the words “Community Magistrate or Community Magistrates have certified that it has not been prosecuted or the Registrar”.

Section 125

[Repealed]

Section 128

[Repealed]

Section 129

By omitting the words “High Court” in the first place they appear, and substituting the words “District Court”.

By omitting the words “the High Court” in the second place where they appear, and substituting the words “a District Court presided over by a District Court Judge”.

Section 130

By omitting from subsection (1) the words “the High Court”, and substituting the words “a District Court presided over by a District Court Judge”.

By omitting from subsection (2) the words “the High Court”, and substituting the words “a District Court”.

By omitting from subsection (3) the words “the High Court”, and substituting the words “a District Court presided over by a District Court Judge”.

By omitting from subsection (4) the words “the High Court” in the first place where they appear, and substituting the words “a District Court presided over by a District Court Judge”.

By omitting from subsection (4) the words “the High Court” in the second place where they appear, and substituting the words “a District Court”.

By omitting from subsection (5) the words “the High Court” in the first place where they appear, and substituting the words “a District Court presided over by a District Court Judge”.

By omitting from subsection (5) the words “the High Court” in the second place where they appear, and substituting the words “a District Court”.

Section 131

By omitting this section.

Section 132

By omitting from subsection (1) the words “the High Court” in the first 2 places where they appear, and substituting in each case the words “a District Court presided over by a District Court Judge”.

By omitting subsections (1)(b) and (2).

Section 133

By omitting the words “the High Court” in both places where they appear, and substituting in each case the words “a District Court presided over by a District Court Judge”.

Section 134

By omitting the words “High Court” in both places where they appear, and substituting in each case the words “District Court”.

Section 135

By omitting this section, and substituting the following section:

“135 Execution of decision on appeal

“(1) Where on any appeal a District Court presided over by a District Court Judge confirms any conviction, sentence, order, or amount of any sum to be paid, or where the appeal is dismissed for non-prosecution, or where a certificate has been given under section 107 that the appeal has been not been prosecuted, the decision appealed against shall be enforced.

“(2) Where on any appeal a District Court presided over by a District Court Judge sets aside or reverses any conviction or other determination, or amends any conviction or other determination, or quashes or varies any sentence or order, or increases or reduces the amount of any sum ordered to be paid, the Registrar of the District Court shall make in the entry in the Criminal Records kept pursuant to section 71 relating to the decision appealed against a note of the decision on the appeal.

“(3) In any case to which subsection (2) applies, the decision on the appeal or the decision appealed against as amended or varied by the decision on the appeal, as the case may be, takes effect as a decision of the District Court:

“provided that where a District Court presided over by a District Court Judge imposes a sentence of detention, the warrant to be issued under section 91 of the Sentencing Act 2002 must be signed by a District Court Judge.

“(3A) [Repealed]

“(4) Where a party to an appeal has paid a fine in accordance with a sentence of a District Court presided over by a Community Magistrate or Community Magistrates and on the determination of the appeal—

“(a) that party's conviction is set aside; or

“(b) the sentence is quashed and any other sentence imposed is not for the payment of a fine or is for the payment of a smaller fine; or

“(c) the sentence is varied by a reduction in the amount of the fine imposed,—

“that party shall be entitled, subject to the order of the District Court that heard the appeal, to a return of the sum paid or part thereof, as the case may be. For the purposes of this subsection the term fine includes any costs or other money ordered by the court to be paid on the conviction of that party.”

Section 136

By omitting subsection (1), and substituting the following subsection:

“(1) Where the decision of a District Court presided over by a District Court Judge on any appeal has been given, or where an appeal has been dismissed for non-prosecution or a certificate has been given under section 107 that an appeal has not been prosecuted, any person who is liable under that decision or, as the case may be, under the decision appealed from to be detained in custody and who is not in custody may be arrested without warrant by any constable or any officer of a prison.”

By omitting subsections (2) and (3).

By omitting subsection (4), and substituting the following subsection:

“(4) Where under section 107 a Community Magistrate or Community Magistrates have certified that an appeal has not been prosecuted, the Registrar of the District Court from which the appeal was made must send that certificate to the manager of the prison at which any party to the appeal is detained. Where an appeal has been dismissed for non-prosecution, the Registrar of the District Court to which the appeal was made must send a certificate to that effect to the manager.”

Section 137 (as substituted by section 23(1) of the Summary Proceedings Amendment Act 1993)

By inserting in subsection (1), after the words “a District Court”, the words “presided over by a Community Magistrate or Community Magistrates”.

By omitting from subsection (1) the words “High Court”, and substituting the words “court that determines the appeal”.

By omitting from subsection (2) the words “the District Court has”, and substituting the words “a District Court presided over by a Community Magistrate or Community Magistrates has”.

By inserting in subsection (2), after the word “Justices”, the words “or Community Magistrate or Community Magistrates”.

By omitting from subsection (3) the words “a District Court has”, and substituting the words “a District Court presided over by a Community Magistrate or Community Magistrates has”.

By omitting from subsection (3) the words “the High Court”, and substituting the words “a District Court”.

Section 138

By omitting from subsection (2) the words “The High Court”, and substituting the words “A District Court presided over by a District Court Judge”.

Section 144

By omitting this section.

Schedule 2A: amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), pursuant to section 393 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 2A: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Schedule 2A: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Schedule 2A: amended, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Schedule 2A: amended, on 17 December 1976, pursuant to section 71(5).

s 213

Child Welfare Amendment Act 1927 (1927 No 61) (1931 Reprint, Vol III, p 1121)

Amendment(s) incorporated in the Act(s).

Magistrates' Courts Act 1947 (1947 No 16)

Amendment(s) incorporated in the Act(s).

New Zealand Army Act 1950 (1950 No 39)

Amendment(s) incorporated in the Act(s).

Police Offences Act 1927 (1927 No 35) (Reprinted 1955, Vol II, p 1744)

Amendment(s) incorporated in the Act(s).

Royal New Zealand Air Force Act 1950 (1950 No 40)

Amendment(s) incorporated in the Act(s).

Shipping and Seamen Act 1952 (1952 No 49)

Amendment(s) incorporated in the Act(s).

Schedule 3: amended, on 1 January 1969, by section 40(1) of the Alcoholism and Drug Addiction Act 1966 (1966 No 97).

Schedule 3: amended, on 1 May 1963, by section 201(1) of the Transport Act 1962 (1962 No 135).

Schedule 3: amended, on 1 January 1962, by section 412(2) of the Crimes Act 1961 (1961 No 43).

s 214(1)

Atomic Energy Amendment Act 1957 (1957 No 12)

Amendment(s) incorporated in the Act(s).

Child Welfare Act 1925 (1925 No 22) (1931 Reprint, Vol III, p 1107)

Amendment(s) incorporated in the Act(s).

Crimes Act 1908 (1908 No 32) (1931 Reprint, Vol II, p 182)

Amendment(s) incorporated in the Act(s).

Crimes Amendment Act 1922 (1922 No 35) (1931 Reprint, Vol II, p 345)

Amendment(s) incorporated in the Act(s).

Crimes Amendment Act 1955 (1955 No 67)

Criminal Justice Act 1954 (1954 No 50)

Amendment(s) incorporated in the Act(s).

Designs Act 1953 (1953 No 65)

Amendment(s) incorporated in the Act(s).

Electoral Act 1956 (1956 No 107)

Amendment(s) incorporated in the Act(s).

Inferior Courts Procedure Act 1909 (1909 No 13) (1931 Reprint, Vol II, p 59)

Amendment(s) incorporated in the Act(s).

Judicature Act 1908 (1908 No 89) (1931 Reprint, Vol II, p 81)

Amendment(s) incorporated in the Act(s).

Justices of the Peace Act 1927 (1927 No 37) (1931 Reprint, Vol II, p 351)

Justices of the Peace Amendment Act 1946 (1946 No 13)

Justices of the Peace Amendment Act 1948 (1948 No 20)

Justices of the Peace Amendment Act 1952 (1952 No 44)

Justices of the Peace Amendment Act 1955 (1955 No 12)

Justices of the Peace Amendment Act (No 2) 1955 (1955 No 71)

Land Agents Act 1953 (1953 No 86)

Amendment(s) incorporated in the Act(s).

Land Transfer Act 1952 (1952 No 52)

Amendment(s) incorporated in the Act(s).

Local Elections and Polls Act 1953 (1953 No 16)

Amendment(s) incorporated in the Act(s).

Magistrates' Courts Act 1947 (1947 No 16)

Amendment(s) incorporated in the Act(s).

Marriage Act 1955 (1955 No 92)

Amendment(s) incorporated in the Act(s).

Merchandise Marks Act 1954 (1954 No 43)

Amendment(s) incorporated in the Act(s).

Municipal Corporations Act 1954 (1954 No 76)

Amendment(s) incorporated in the Act(s).

Patents Act 1953 (1953 No 64)

Amendment(s) incorporated in the Act(s).

Police Offences Act 1927 (1927 No 35) (Reprinted 1955, Vol II, p 1744)

Amendment(s) incorporated in the Act(s).

Shipping and Seamen Act 1952 (1952 No 49)

Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1936 (1936 No 58)

Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1938 (1938 No 20)

Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1950 (1950 No 91)

Amendment(s) incorporated in the Act(s).

Stock Amendment Act 1956 (1956 No 21)

Amendment(s) incorporated in the Act(s).

Summary Jurisdiction Act 1952 (1952 No 41)

Summary Jurisdiction Amendment Act 1955 (1955 No 79)

Summary Penalties Act 1939 (1939 No 11)

Trade Marks Act 1953 (1953 No 66)

Amendment(s) incorporated in the Act(s).

Transport Act 1949 (1949 No 7) (Reprinted 1955, Vol II, p 1841)

Amendment(s) incorporated in the Act(s).

Veterinary Surgeons Act 1956 (1956 No 22)

Amendment(s) incorporated in the Act(s).

Schedule 4: amended, on 1 January 2011, by section 58 of the Limitation Act 2010 (2010 No 110).

Schedule 4: amended, on 1 February 1992, by section 159(2) of the Legal Services Act 1991 (1991 No 71).

Summary Proceedings Amendment Act (No 2) 2008

Public Act	2008 No 41
Date of assent	25 June 2008
Commencement	see section 2

1 Title

This Act is the Summary Proceedings Amendment Act (No 2) 2008.

2 Commencement

(1) This Act (other than this section and sections 3, 8 to 11, 13, and 14) comes into force on a date to be appointed by the Governor-General by Order in Council.

(2) This section and sections 3, 8 to 11, 13, and 14 come into force on the day after the date on which this Act receives the Royal assent.

Section 2(1): this Act (except sections 2, 3, 8–11, 13, and 14) brought into force, on 29 June 2009, by the Summary Proceedings Amendment Act (No 2) 2008 Commencement Order 2009 (SR 2009/128).

3 Principal Act amended

This Act amends the Summary Proceedings Act 1957.

19 Review of new Part 5 of principal Act

(1) The Solicitor-General, or any other person nominated by the Solicitor-General for the purpose, must as soon as practicable after the expiry of 2 years from the commencement of Part 5 of the principal Act (as inserted by section 12 of this Act) conduct a review of the operation of Part 5.
(2) The Solicitor-General or other person conducting the review must—
- (a) consult with—
  - (i) the New Zealand Law Society:
  - (ii) the Ministry of Justice:
  - (iii) any other person or body he or she considers appropriate to consult with; and
- (b) report on the outcome of that review to the Minister of Justice within 6 months of commencing it; and
- (c) advise in that report whether Part 5 should be retained, amended, or replaced.

20 Transitional provision

(1) If, before the commencement of section 12 of this Act, an information has been laid indictably or a defendant has elected trial by jury under section 66, the preliminary hearing must proceed as if this Act had not been passed.
(2) Despite subsection (1), proceedings against a defendant who has elected trial by jury under section 66 or in respect of whom an information has been laid indictably, must be conducted in accordance with the principal Act as amended by section 12 of this Act if,—
- (a) before the preliminary hearing has begun, the defendant named in the information absconds and he or she is not located until more than 1 month after the commencement of this Act; or
- (b) after the commencement of section 12 of this Act,—
  - (i) the information or one of the informations is withdrawn and another information is substituted; or
  - (ii) an additional information, arising from the same transaction, or set of circumstances, or incident, or series of incidents, is laid; or
  - (iii) an information is laid against another person, charging him or her with an offence arising from the same transaction, or set of circumstances, or incident, or series of incidents, specified in the first information, and the prosecutor wishes the charges against both defendants to be heard together.
(3) No hearing or other proceeding is invalid only because—
- (a) it was conducted in accordance with subsection (1) when it ought to have been conducted in accordance with subsection (2); or
- (b) it was conducted in accordance with subsection (2) when it ought to have been conducted in accordance with subsection (1).

Summary Proceedings Amendment Act (No 2) 2010

Public Act	2010 No 121
Date of assent	29 October 2010
Commencement	see section 2

1 Title

This Act is the Summary Proceedings Amendment Act (No 2) 2010.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the Summary Proceedings Act 1957.

5 Criminal process not to be held null or invalid

(1) Nothing done in any court at any time on or after 26 June 2008 and before the date on which this Act comes into force in respect of an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 is a nullity or otherwise invalid only because, at the time it was done, section 223(d), 241(c), or 247(c) (as the case may be) was not referred to in Part 1 of Schedule 1 of the Summary Proceedings Act 1957.

(2) Nothing done in any court at any time on or after 26 June 2008 and before the date on which this Act comes into force in respect of an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 is a nullity or otherwise invalid only because of the operation of section 4 of this Act.

6 Section 5 not to apply to certain legal proceedings

Section 5 does not apply to the following legal proceedings:
- (a) any appeal from the decision in NZ Police v Selwen (District Court, Hamilton, CRI 2010-019-003388, 21 June 2010, Marshall DCJ); or
- (b) any other legal proceedings that expressly challenge the validity of a conviction for an offence against section 223(d), 241(c), or 247(c) of the Crimes Act 1961 on the ground that that provision was not referred to in Part 1 of Schedule 1 of the Summary Proceedings Act 1957 at the date of that conviction, if those proceedings were commenced, and contained that ground, before the date on which this Act receives the Royal assent.

Summary Proceedings Amendment Act 2011

Public Act	2011 No 32
Date of assent	22 July 2011
Commencement	see section 2

1 Title

This Act is the Summary Proceedings Amendment Act 2011.

2 Commencement

(1) The following provisions come into force on the day after the date on which this Act receives the Royal assent:
- (a) section 3:
- (b) section 17:
- (c) section 27 (but only to the extent that it relates to section 88B of the Summary Proceedings Act 1957):
- (d) section 31 (but only to the extent that it relates to section 92I of the Summary Proceedings Act 1957):
- (e) section 45.
(2) The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.

(3) Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (2)) on that expiry.

Section 2(2): sections 4, 6, 10–16, 18–26, 27 (but only to the extent that it relates to section 88A of the Summary Proceedings Act 1957), 28–30, 31 (except as it relates to section 92I of the Summary Proceedings Act 1957), 32–40, 41(2), 42–44, 46, 47, and Schedules 1, 2, and 3 brought into force, on 13 February 2012, by the Summary Proceedings Amendment Act 2011 Commencement Order 2011 (SR 2011/394).

47 Transitional provisions relating to pre-commencement fines and warrants

(1) The principal Act as amended by this Act applies to the enforcement of any fine whether adjudged, ordered, or deemed to be ordered to be paid before or after the commencement of this Act.

(2) Amendment(s) incorporated in the Act(s).

Crimes Amendment Act (No 3) 2011

Public Act	2011 No 79
Date of assent	19 September 2011
Commencement	see section 2

1 Title

This Act is the Crimes Amendment Act (No 3) 2011.

2 Commencement

This Act comes into force 6 months after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the Crimes Act 1961.

Part 2
Amendments to other enactments and transitional provision

12 Transitional provision

(1) The amendments and repeals made by this Act do not apply to any offence committed or alleged to have been committed (in whole or in part) before the commencement of this Act and the principal Act as in force before the commencement of this Act continues to apply to any such offence.

(2) Section 414 of the principal Act has effect (with any necessary modifications) if the date on which the offence was committed cannot be established with sufficient certainty.

Summary Proceedings Amendment Act (No 2) 2011

Public Act	2011 No 94
Date of assent	17 October 2011
Commencement	see section 2

1 Title

This Act is the Summary Proceedings Amendment Act (No 2) 2011.

2 Commencement

(1) Sections 4 to 6 come into force on a date appointed by the Governor-General by Order in Council.

(2) The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.

(3) Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent.

Section 2(1): sections 4–6 brought into force, on 5 March 2012, by the Summary Proceedings Amendment Act (No 2) 2011 Commencement Order 2011 (SR 2011/415).

3 Principal Act amended

This Act amends the Summary Proceedings Act 1957.

5 Transitional provision regarding withdrawal of warrants to arrest

The power conferred on a Registrar by section 23(2) of the principal Act (as inserted by section 4 of this Act) may be exercised in relation to any warrant referred to in that subsection, whether the warrant was issued before or after the date on which section 4 came into force.

Search and Surveillance Act 2012

Public Act	2012 No 24
Date of assent	5 April 2012
Commencement	see section 2

1 Title

This Act is the Search and Surveillance Act 2012.

2 Commencement

(1) Part 1 and subpart 1 of Part 3 (other than section 49(3) and (4)), and sections 136, 140, 141, 148, 162, 165, 166, 167, 168, 169, 170, 171, 172, 175, 179, 180, 181, 247, 248, 251(3), 325 (other than section 325(4) and (6)), 334(1) and (7), 337(4), 342, 343, 346, 347, 349, 350, 352, 353, 354, 355, and 356 come into force on 18 April 2012.

(2) The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.

(3) To the extent that it is not previously brought into force under subsection (2), the rest of this Act comes into force on 1 April 2014.

(4) In this section, provision includes any item, or any part of an item, in the Schedule.

Section 2(2): Part 2, section 49(3), (4), subparts 2–4 of Part 3, Part 4 (except sections 136, 140, 141, 148, 162, 165–172, 175, 179–181), Part 5 (except sections 201(3)–(9), 247, 248, 251(3), 302, 325(1)–(3), (5), (7)–(13), 334(1), (7), 337(4), 342, 343, 346, 347, 349, 350, 352–356) and the Schedule (except the items relating to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the Tax Administration Act 1994) brought into force, on 1 October 2012, by clause 3 of the Search and Surveillance Act Commencement Order 2012 (SR 2012/229).

Part 1
General provisions

5 Purpose

The purpose of this Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by—
- (a) modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and
- (b) providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006; and
- (c) ensuring investigative tools are effective and adequate for law enforcement needs.

Part 5
Amendments, repeals, and miscellaneous provisions

Subpart 4—Regulation-making powers, transitional provisions, and review provision

Transitional provisions

348 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957

(1) Despite their repeal by section 337, sections 198 to 200 of the Summary Proceedings Act 1957 remain in force for the purposes of any enactment that incorporates or refers to any of those provisions.

(2) Subsection (1) does not limit the application of the Interpretation Act 1999.

(3) This section expires on the close of 30 June 2014.

349 Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957

(1) Despite the repeal of sections 200A to 200P of the Summary Proceedings Act 1957 by this Act,—
- (a) where an application has been made under any of those sections before 18 April 2012, and the application is not finally determined before that date, those sections continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and
- (b) those sections (except for section 200F) continue to apply to a continuing warrant and to any matter relating to the continuing warrant in all respects as if this Act (other than this section) had not been enacted; and
- (c) those sections continue to apply to anything done, before 18 April 2012, under section 200G of that Act.
(2) In this section, continuing warrant means a tracking device warrant or a warrant for removal of a tracking device issued under sections 200A to 200P of the Summary Proceedings Act 1957—
- (a) before 18 April 2012; or
- (b) on or after that date on an application made before that date.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Summary Proceedings Act 1957. The reprint incorporates all the amendments to the Act as at 2 April 2013, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Electronic Identity Verification Act 2012 (2012 No 123): section 76

Search and Surveillance Act 2012 (2012 No 24): section 337

Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94)

Criminal Procedure Act 2011 (2011 No 81): section 393

Crimes Amendment Act (No 3) 2011 (2011 No 79): section 11

Adoption Amendment Act 2011 (2011 No 60): section 7

Summary Proceedings Amendment Act 2011 (2011 No 32)

Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(2), (3)

Financial Markets Authority Act 2011 (2011 No 5): section 82

Electoral Referendum Act 2010 (2010 No 139): section 82

Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137): section 41

Summary Proceedings Amendment Act (No 2) 2010 (2010 No 121)

Insurance (Prudential Supervision) Act 2010 (2010 No 111): section 241(2)

Limitation Act 2010 (2010 No 110): section 58

Animal Welfare Amendment Act 2010 (2010 No 93): section 10(1)

Summary Proceedings Amendment Act 2010 (2010 No 87)

Financial Advisers Amendment Act 2010 (2010 No 40): section 50

Sentencing and Parole Reform Act 2010 (2010 No 33): section 13

Immigration Act 2009 (2009 No 51): section 406(1)

Domestic Violence Amendment Act 2009 (2009 No 43): section 7(2)

Summary Proceedings (Vehicle Seizure) Amendment Act 2009 (2009 No 38)

Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19): section 11

Land Transport Amendment Act 2009 (2009 No 17): section 35(4)

Criminal Proceeds (Recovery) Act 2009 (2009 No 8): section 214

Electoral Amendment Act 2009 (2009 No 1): section 16

Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85): section 56

Policing Act 2008 (2008 No 72): sections 116(a)(ii), (vii), (d), 130(1)

Real Estate Agents Act 2008 (2008 No 66): section 173

Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 47

Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41)

Criminal Disclosure Act 2008 (2008 No 38): section 40(1)

Summary Proceedings Amendment Act 2008 (2008 No 18)

Health (Drinking Water) Amendment Act 2007 (2007 No 92): section 19

Sentencing Amendment Act 2007 (2007 No 27): section 58

Immigration Advisers Licensing Act 2007 (2007 No 15): section 97

Summary Proceedings Amendment Act (No 2) 2006 (2006 No 91)

Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75): section 5

Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74): section 185

Gas Amendment Act 2006 (2006 No 71): section 18

Electricity Amendment Act 2006 (2006 No 70): section 43

Evidence Act 2006 (2006 No 69): section 215

Financial Reporting Amendment Act 2006 (2006 No 64): section 22

Insolvency Act 2006 (2006 No 55): section 445

Securities Markets Amendment Act 2006 (2006 No 47): section 14

Securities Amendment Act 2006 (2006 No 46): section 25

Summary Proceedings Amendment Act 2006 (2006 No 13)

Overseas Investment Act 2005 (2005 No 82): section 75

Misuse of Drugs Amendment Act 2005 (2005 No 81): section 23

Citizenship Amendment Act 2005 (2005 No 43): section 16

Crimes Amendment Act 2005 (2005 No 41): section 10

Relationships (Statutory References) Act 2005 (2005 No 3): section 7

Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2): section 46

Civil Union Act 2004 (2004 No 102): section 46

Human Assisted Reproductive Technology Act 2004 (2004 No 92): section 87

Local Government Act 2002 Amendment Act 2004 (2004 No 63): section 30

Social Security (Working for Families) Amendment Act 2004 (2004 No 51): section 21

Corrections Act 2004 (2004 No 50): section 206

Summary Proceedings Amendment Act 2004 (2004 No 47)

Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115): section 51

Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113): section 53

Supreme Court Act 2003 (2003 No 53): section 47

Credit Contracts and Consumer Finance Act 2003 (2003 No 52): section 103(4)

Gambling Act 2003 (2003 No 51): section 374

Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)

Reserve Bank of New Zealand Amendment Act 2003 (2003 No 46): section 48(1)

Crimes Amendment Act 2003 (2003 No 39): section 34

Prostitution Reform Act 2003 (2003 No 28): section 50(1)

Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11): section 11(1)

Trade Marks Act 2002 (2002 No 49): section 201

Crown Organisations (Criminal Liability) Act 2002 (2002 No 37): sections 29–32

Passports Amendment Act 2002 (2002 No 24): section 12(1)

Sentencing Act 2002 (2002 No 9): section 186

Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104): section 14(1)

Government Superannuation Fund Amendment Act 2001 (2001 No 47): section 40

Local Electoral Act 2001 (2001 No 35): section 151

Summary Proceedings Amendment Act 2000 (2000 No 82)

Referenda (Postal Voting) Act 2000 (2000 No 48): section 81

Legal Services Act 2000 (2000 No 42): section 128

Bail Act 2000 (2000 No 38): section 74(2)

Animal Welfare Act 1999 (1999 No 142): section 194

Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140): section 77

Personal Property Securities Act 1999 (1999 No 126): section 191(1)

Fisheries Act 1996 Amendment Act 1999 (1999 No 101): section 87(2)

Interpretation Act 1999 (1999 No 85): section 38(1)

Extradition Act 1999 (1999 No 55): section 111

Biosecurity Amendment Act 1999 (1999 No 29): section 6

Summary Proceedings Amendment Act 1999 (1999 No 7)

Accident Insurance Act 1998 (1998 No 114): section 415(1)

Land Transport Act 1998 (1998 No 110): section 215(1)

Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96): section 11

Summary Proceedings Amendment Act (No 3) 1998 (1998 No 91)

Summary Proceedings Amendment Act (No 2) 1998 (1998 No 77)

Summary Proceedings Amendment Act 1998 (1998 No 61)

Misuse of Drugs Amendment Act 1998 (1998 No 14): section 13

Postal Services Act 1998 (1998 No 2): section 62(1)

Harassment Act 1997 (1997 No 92): section 44

Biosecurity Amendment Act 1997 (1997 No 89): section 127(2)

Compulsory Retirement Savings Scheme Referendum Act 1997 (1997 No 13): section 64

Summary Proceedings Amendment Act (No 2) 1996 (1996 No 146)

Fisheries Act 1996 (1996 No 88): section 316(1)

Summary Proceedings Amendment Act 1996 (1996 No 66)

Inspector-General of Intelligence and Security Act 1996 (1996 No 47): section 28(6)

Intelligence and Security Committee Act 1996 (1996 No 46): section 20(4)

Food Amendment Act 1996 (1996 No 41): section 28

Customs and Excise Act 1996 (1996 No 27): section 289(1)

Dog Control Act 1996 (1996 No 13): section 79

Medical Practitioners Act 1995 (1995 No 95): section 143(1)

Summary Proceedings Amendment Act (No 2) 1995 (1995 No 87)

Summary Proceedings Amendment Act 1995 (1995 No 64)

Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55): section 82

Crimes Amendment Act 1995 (1995 No 49): section 10(3)

Government Superannuation Fund Amendment Act 1995 (1995 No 28): section 31

Summary Proceedings Amendment Act 1994 (1994 No 161)

Copyright Act 1994 (1994 No 143): section 236(2)

Antarctica (Environmental Protection) Act 1994 (1994 No 119): section 56(2)

Companies Amendment Act 1993 (1993 No 108): section 64

Financial Reporting Act 1993 (1993 No 106): section 46

Companies Act 1993 (1993 No 105): section 396

Summary Proceedings Amendment Act 1993 (1993 No 47)

Privacy Act 1993 (1993 No 28): section 129(1)

Hospitals Amendment Act 1993 (1993 No 26): section 32

Te Ture Whenua Maori Act 1993 (1993 No 4): section 362(2)

Ship Registration Act 1992 (1992 No 89): section 88(3)

Summary Proceedings Amendment Act (No 2) 1991 (1991 No 105)

Trade in Endangered Species Amendment Act 1991 (1991 No 100): section 13

Legal Services Act 1991 (1991 No 71): section 159(2)

Summary Proceedings Amendment Act 1991 (1991 No 62)

Weights and Measures Amendment Act 1991 (1991 No 9): section 21

Serious Fraud Office Act 1990 (1990 No 51): section 54

Regulations (Disallowance) Act 1989 (1989 No 143): section 11

Children, Young Persons, and Their Families Act 1989 (1989 No 24): section 449

Summary Proceedings Amendment Act 1989 (1989 No 21)

Transport Amendment Act (No 2) 1988 (1988 No 170): section 18

Shipping and Seamen Amendment Act 1987 (1987 No 184): section 29(1), (2)

Building Societies Amendment Act 1987 (1987 No 175): section 41(3)

Summary Proceedings Amendment Act (No 2) 1987 (1987 No 172)

Summary Proceedings Amendment Act 1987 (1987 No 165)

Plant Variety Rights Act 1987 (1987 No 5): section 37(8)

Residential Tenancies Act 1986 (1986 No 120): section 144(3)

Constitution Act 1986 (1986 No 114): section 29(2)

Summary Proceedings Amendment Act 1986 (1986 No 73)

Area Health Boards Amendment Act 1986 (1986 No 16): section 5(2)

Summary Proceedings Amendment Act (No 5) 1985 (1985 No 191)

Criminal Justice Act 1985 (1985 No 120): section 150(1)

Summary Proceedings Amendment Act 1985 (1985 No 51)

Arms Act 1983 (1983 No 44): section 75

Crimes Amendment Act (No 2) 1982 (1982 No 157): section 5

Summary Proceedings Amendment Act (No 2) 1982 (1982 No 131)

Summary Proceedings Amendment Act 1982 (1982 No 47)

Summary Offences Act 1981 (1981 No 113): section 48(2)

Credit Contracts Act 1981 (1981 No 27): section 48(1)(i)

Transport Amendment Act 1980 (1980 No 96): sections 15–18

Summary Proceedings Amendment Act 1980 (1980 No 84)

Summary Proceedings Amendment Act 1979 (1979 No 126)

District Courts Amendment Act 1979 (1979 No 125): sections 2(3), 18(2)

Judicature Amendment Act 1979 (1979 No 124): section 12

Local Government Amendment Act 1979 (1979 No 59): section 8(3)

Public Service Investment Society Management Act (No 2) 1979 (1979 No 9): section 22(3)

Crimes Amendment Act 1979 (1979 No 5): section 6

Securities Act 1978 (1978 No 103): section 75(3)

New Zealand Security Intelligence Service Amendment Act 1977 (1977 No 50): section 7(2)

Chateau Companies Act 1977 (1977 No 4): section 19(3)

Summary Proceedings Amendment Act 1976 (1976 No 169)

Commerce Amendment Act 1976 (1976 No 67): section 23(2)

Misuse of Drugs Act 1975 (1975 No 116): section 28(3)

Summary Proceedings Amendment Act 1975 (1975 No 105)

Trustee Companies Management Act 1975 (1975 No 25): section 20(3)

Cornish Companies Management Act 1974 (1974 No 27): section 22(3)

Summary Proceedings Amendment Act 1973 (1973 No 117)

Fire Services Act 1972 (1972 No 119): section 100(1)

Summary Proceedings Amendment Act 1969 (1969 No 43)

Criminal Justice Amendment Act 1969 (1969 No 17): section 3

Mental Health Act 1969 (1969 No 16): section 129(4)

Summary Proceedings Amendment Act 1968 (1968 No 108)

Costs in Criminal Cases Act 1967 (1967 No 129): section 14(2)

Insolvency Act 1967 (1967 No 54): section 170(1)

Animals Act 1967 (1967 No 50): section 108(2)

Summary Proceedings Amendment Act 1967 (1967 No 33)

Alcoholism and Drug Addiction Act 1966 (1966 No 97): section 40(1)

Customs Act 1966 (1966 No 19): section 311(1)

Narcotics Act 1965 (1965 No 45): section 5(7)

Building Societies Act 1965 (1965 No 22): section 134

Burial and Cremation Act 1964 (1964 No 75): section 56(4)

Summary Proceedings Amendment Act 1964 (1964 No 22)

Sale of Liquor Act 1962 (1962 No 139): section 301(1)

Transport Act 1962 (1962 No 135): section 201(1)

Waimakariri - Ashley Water Supply Act 1961 (1961 No 131): section 73(1)

Reserves and Other Lands Disposal Act 1961 (1961 No 128): section 14(15)

Summary Proceedings Amendment Act 1961 (1961 No 44)

Crimes Act 1961 (1961 No 43): section 412(2)

Motor-Vehicle Dealers Act 1958 (1958 No 112): section 24(2)

Companies Special Investigations Act 1958 (1958 No 23): section 28(3)

Summary Proceedings Act 1957(1957 No 87): section 71(5)

Summary Proceedings Act 1957

Summary Proceedings Act 1957

Summary Proceedings Act 1957

Note

Contents

1 Short Title and commencement

2 Interpretation

3 Application of certain provisions of Crimes Act 1961

Part 1Criminal jurisdiction of District Court

4 Summary criminal jurisdiction of court

5 Jurisdiction in relation to committal for indictable offences

6 Summary jurisdiction in respect of indictable offences

7 Maximum penalty on summary conviction for indictable offence

8 Other jurisdictions and powers not affected

9 Jurisdiction of District Court Judges in respect of summary offences

9A Jurisdiction of Justices in respect of summary offences

9B Jurisdiction of Community Magistrates in respect of summary offences

9C Jurisdiction of Community Magistrates to impose sentences in respect of certain summary offences

9D Power to impose penalties provided for in Land Transport Act 1998

9E Ancillary powers under Criminal Justice Act 1985, Sentencing Act 2002, and Land Transport Act 1998, and Criminal Procedure Act 2011

9F Power of Community Magistrates to decline jurisdiction

9G Power to transfer matter to court presided over by District Court Judge

10 Jurisdiction in respect of fugitive offenders

Part 2Procedure where defendant proceeded against summarily

11 Application of this Part

12 Commencement of proceedings

Information

13 Any person may lay an information

14 Time for laying information

15 Information to be in prescribed form and upon oath

16 Information to be for 1 offence only

17 Information to contain sufficient particulars

17A Certain informations to disclose range of penalties

18 Information to be filed in nearest court

Summons and warrant

19 Issue of summons or warrant to arrest defendant

19A Summons following arrest

19B Summons following evidential breath test

20 Issue of summons or warrant for attendance of witness

20A Summary procedure for minor offences

21 Summary procedure for infringement offences

21A Evidence of particulars of reminder notice deemed to have been filed in court by electronic means

22 To whom warrant to be directed and power of person executing warrant to enter premises

23 Withdrawal of warrant

Service of documents

23A Service of documents: sections 24 to 29 not to apply to Part 3

24 Mode of service of documents on defendant

25 Who may serve documents on defendant

26 Mode of service of documents on person other than defendant

27 Who may serve documents on person other than defendant

28 Mode of service in particular cases

29 Proof of service

30 Translation of documents into Maori language

Special provisions for taking evidence

31 Order for taking evidence of defence witness at a distance

32 Order for taking evidence of person about to leave country

33 Admission in summary proceedings of statement of person dangerously ill taken for purposes of trial of indictable offence

General provisions as to hearing

34 Place of hearing of information

35 Power to clear court and forbid report of proceedings

36 Withdrawal of information by informant

37 Who may conduct proceedings

38 Court may issue warrant for appearance of witness

39 Witness refusing to give evidence may be imprisoned

40 Witnesses at the hearing

41 Right to plead guilty by notice to Registrar

41A Registrar may receive not guilty pleas

42 Plea of guilty may be withdrawn by leave of court

43 Amendment of information where defendant appears

43A Amendment of information to correct particulars of defendant

44 Power of court to decline summary jurisdiction

44A Power of court to decline summary jurisdiction in case of certain summary offences

Adjournments and bail

45 Power to adjourn

45A Power of Registrar to adjourn

46 Dealing with defendant on adjournment

46A Registrar may prohibit publication of names

46AB Application of section 45 during epidemic

46AC Application of section 46 during epidemic

47 Warrant for detention of defendant remanded in custody

Part 1
Criminal jurisdiction of District Court

Part 2
Procedure where defendant proceeded against summarily

Part 3
Enforcement of fines